MATTER OF RICHARD DUDYSHYN CONTRACTING CO., INC. v. ZONING BD. OF APPEALS OF THE TOWN OF MOUNT PLEASANT


255 A.D.2d 445 (1998)

680 N.Y.S.2d 571

In the Matter of Richard Dudyshyn Contracting Company, Inc., et al., Appellants, v. Zoning Board of Appeals of the Town of Mount Pleasant, Respondent

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

November 16, 1998


Ordered that the judgment is affirmed, with costs.

"It is axiomatic that a local zoning board is entrusted with a reasonable measure of discretion in the interpretation of its own ordinances and that the judicial function in reviewing a board's decision is a limited one. Accordingly, a board's determination should not be cast aside unless there is a showing of illegality, arbitrariness or an abuse of discretion" (Matter of Bockis v Kayser,

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