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SPINELLA v. PARIS ZONING BD.

191 Misc.2d 807 (2002)

744 N.Y.S.2d 310

In the Matter of RICHARD SPINELLA et al., Petitioners, v. TOWN OF PARIS ZONING BOARD OF APPEALS et al., Respondents.

Supreme Court, Oneida County.

June 18, 2002.

Attorney(s) appearing for the Case

Norman Deep for petitioners.

Thomas O'Brien for defendants.

OPINION OF THE COURT

ROBERT F. JULIAN, J.

Question Presented: Petitioners, by a CPLR article 78 proceeding, contend that the regular use of two-, three- and four-wheel recreational vehicles on property zoned rural-residential is a customary use permitted under the town zoning ordinance; and that the Town's order prohibiting use of these vehicles on worn tracks on the petitioners' property is arbitrary, capricious and an abuse of discretion...

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