At Special Term, the petitioner in this CPLR article 78 proceeding sought an order prohibiting any interference with his operation of a used car business, by the respondents, based on petitioner's failure to apply for a special use permit under the town's zoning ordinance. The petitioner contends that a special use permit is not a prerequisite for such a use on his property, located in a B-1 zone. In response to the petition, the respondents submitted two affidavits, neither...
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