MATTER OF SOC SPIRITS, INC. v. TOWN OF COLONIE


74 A.D.2d 933 (1980)

In the Matter of Social Spirits, Inc., Respondent, v. Town of Colonie et al., Appellants

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

March 6, 1980


In June of 1978, petitioner commenced operation of a tavern-restaurant known as the Little Horn II in the Town of Colonie. Petitioner had purchased the premises, which had been operating as a tavern for over 50 years, as a pre-existing nonconforming use and in late 1977 applied for building permits in order to remodel the premises. Since the town's zoning ordinance required planning board approval for certain types of construction, petitioner's application was forwarded by...

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