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SPILKA v. TOWN OF INLET

8 A.D.3d 812 (2004)

778 N.Y.S.2d 222

JOSEPH SPILKA, III, Respondent, v. TOWN OF INLET, Appellant.

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

June 10, 2004.

Kane, J.

Since 2001, plaintiff has owned a one-family dwelling in the Town of Inlet, Hamilton County. Under a 1966 zoning ordinance, the property is in an R-1 residence district. Plaintiff alleges that the property is his primary residence, but he rents it out on a short-term basis for approximately three months per year. In 2002, defendant amended the zoning ordinance to require special use permits for rental of nonowner...

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