BENWAY STADIUM, INC. v. TOWN OF VOLNEY


125 A.D.2d 943 (1986)

Benway Stadium, Inc., Appellant, v. Town of Volney, Respondent

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

December 19, 1986


Judgment unanimously modified, on the law, without costs, and, as modified, affirmed, in accordance with the following memorandum: Defendant rezoned from industrial to residential plaintiff's 68-acre parcel improved with a racetrack and parking facility. It is conceded that use as a racetrack, which predates all zoning laws by defendant, continues to be a permitted nonconforming use. Nevertheless, plaintiff brought this declaratory...

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