MATTER OF DEVOGELAERE v. WEBSTER ZONING BOARD OF APPEALS

CA 11-00506.

87 A.D.3d 1407 (2011)

930 N.Y.S.2d 517

2011 NY Slip Op 6802

In the Matter of ERIN DEVOGELAERE, Appellant, v. WEBSTER ZONING BOARD OF APPEALS, Respondent.

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

Decided September 30, 2011.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner owns property in the Town of Webster (Town) located in a large lot single family residential district. Beginning in 2007, she rented the property for periods ranging from one night to approximately three months. In 2010 the Town amended its zoning ordinance to prohibit transient rental, i.e, "[r]ental of a dwelling unit for a period of less than 28...

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