CONCERNED CITIZENS v. LESTER


62 A.D.2d 171 (1978)

In the Matter of Concerned Citizens of Montauk, Inc., et al., Respondents, v. Samuel G. Lester et al., Constituting The Zoning Board of Appeals of the Town of East Hampton, Appellants. Gertrude W. Andrade et al., Intervenors-Appellants

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

April 24, 1978


Attorney(s) appearing for the Case

Tooker, Tooker & Esseks (William W. Esseks and Stephen R. Angel of counsel), for intervenors-appellants.

Smith, Finkelstein, Lundberg, Crimmins & Yakaboski (Robert C. Crimmins of counsel), for appellants (relying upon the brief submitted for the intervenors-appellants).

William F. Dudine, Jr., for Concerned Citizens of Montauk, Inc., respondent.

SUOZZI, J. P., and HAWKINS, J., concur with GULOTTA, J.; MARGETT, J., dissents and votes to reverse the judgment insofar as it has been appealed from, and dismiss the proceeding, with an opinion.


GULOTTA, J.

This case poses the question whether the use of certain premises as a restaurant, bar and motel may be continued as a vested nonconforming use, or whether such usage has been abandoned. Stated differently, the crucial issue is whether, on the effective date of an amendment to the zoning ordinance here involved, there was an "existing use" of the premises as a restaurant, bar and motel. If there was...

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