CUMMINGS v. TOWN BD. OF N. CASTLE


62 N.Y.2d 833 (1984)

John Cummings et al., Appellants, v. Town Board of North Castle, Respondent, and Michael Gagliardi, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided June 5, 1984.


Attorney(s) appearing for the Case

Stuart R. Shamberg and Robert F. Davis for appellants.

Alfred D. Fredericks for intervenor-respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Under sections 421 and 431 of the zoning ordinance, nurseries are permitted uses in an R-2A district with a special use permit and the power to grant such a permit is reserved to the Town Board. When the legislative body reserves to itself the granting of special exceptions it need set forth no standards for the exercise of its discretion...

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