Judgment unanimously affirmed with costs.
Memorandum:
Supreme Court properly declared that the criteria used by the Town Board of the Town of Henrietta (Town Board) in denying plaintiffs' application for a special permit are unconstitutional. Although the Town Code does not directly regulate constitutionally protected expression, "the provision requiring a special * * * permit after a public hearing impermissibly vests town officials with the power to discriminate...
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