MATTER OF PASSUCCI v. TOWN OF WEST SENECA


151 A.D.2d 984 (1989)

In the Matter of Emilio Passucci, Respondent, v. Town of West Seneca et al., Appellants

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

June 2, 1989


Judgment unanimously affirmed with costs.

Memorandum:

The court properly ordered the town to grant petitioner's application for a building permit. The zoning ordinance unequivocally provides that storage of contractors' equipment and materials within an enclosed building is a permitted use within an M-1 district. The court also properly ordered the town to refrain from interfering with petitioner's access to his commercially zoned parcel across his residentially...

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