MATTER OF PAYNE v. TAYLOR


178 A.D.2d 979 (1991)

In the Matter of Roger Payne et al., Appellants, v. Gale Taylor et al., Constituting The Board of Zoning Appeals for the Town of Ellicott, et al., Respondents

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

December 26, 1991


Judgment unanimously affirmed without costs.

Memorandum:

The determination of the Zoning Board of Appeals granting a special use permit to construct a 400 foot antenna tower in a residential district to facilitate the supply of cellular telephone service was not arbitrary, capricious or irrational and is supported by substantial evidence and should be confirmed (see, Matter of Fuhst v Foley, 45 N.Y.2d 441,...

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