MATTER OF COOK v. TOWN OF NEW SCOTLAND


75 A.D.2d 703 (1980)

In the Matter of Alfred S. Cook, Respondent, v. Town of New Scotland et al., Appellants

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

April 24, 1980


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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