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MATTER OF SOUTHERN DUTCHESS COUNTRY CLUB v. TOWN BD. OF THE TOWN OF FISHKILL

25 A.D.2d 866 (1966)

In the Matter of Southern Dutchess Country Club, Respondent, v. Town Board of the Town of Fishkill et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 16, 1966

Judgment reversed on the law, without costs, and determination confirmed, without costs.

No questions of fact were considered. Generally, the exercise of zoning powers is a legislative function not subject to review in an article 78 proceeding (Matter of Neddo v. Schrade, 270 N.Y. 97; Matter of Weers v. Whiton, 3 A.D.2d 924; Homefield Assn. of Yonkers v. Frank, 273 App. Div. 788, affd. 298 N.Y. 524). Although...

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