SEGGIO v. TOWN OF WEST SENECA


145 A.D.2d 956 (1988)

Mario Seggio, Respondent, v. Town of West Seneca et al., Appellants

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

December 23, 1988


Judgment unanimously reversed on the law without costs, petition dismissed and judgment entered, in accordance with the following memorandum: Plaintiff is the owner of property in the Town of West Seneca that is zoned for residential use. The tavern business which he presently operates on the property preexisted the adoption of the town's zoning ordinance in 1963 and is thus a legal nonconforming use. In 1985 plaintiff applied to the Town Board for rezoning of the parcel...

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