Posted by: Patricia Salkin | January 26, 2019

NY Appellate Court Upholds Zoning Board’s Determination Regarding Permitted Use

In a challenge to the determination of the zoning board of appeals that a gasoline fueling station was a permitted principal use in the district pursuant to the Town Code, the appellate court upheld the board’s interpretation finding it was neither arbitrary nor capricious and that it complied with applicable legal principles.
Hitner v. Planning Board of the Town of Patterson, 2019 WL 288135 (NYAD 2 Dept. 1/23/2019)

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