MATTER OF SPINELLA v. ZONING BD. OF APPEALS OF THE TOWN OF NEW HARTFORD


144 A.D.2d 927 (1988)

In the Matter of Joseph Spinella, Appellant, v. Zoning Board of Appeals of the Town of New Hartford et al., Respondents

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

November 15, 1988


Judgment unanimously reversed on the law with costs, petition granted, and matter remitted to the respondent Board for further proceedings, in accordance with the following memorandum: The Zoning Ordinance of the Town of New Hartford, adopted in 1952, provided that a prior nonconforming use may be changed to another nonconforming use of the same or higher classification. Following a hearing to determine whether the owner had abandoned a prior nonconforming use, the Zoning...

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