Thursday, December 2, 2010

From Law of the Land

NY Appeals Court Upholds Approval of Motorcycle Track on Farm Agreeing with Board’s Interpretation of Recreational Use
The Wilzigs purchased a 250-acre farm in the Town of Tafhkanic in order to build a motorcycle track on the premises. However, as the track was being completed, Callahan, Tachkanic’s Code Enforcement Officer and Building Inspector, contended that the track was in violation of the Tachkanic’s Use Regulations and, therefore, issued an “Order to Remedy Violation.” In response, the Wilzigs appealed, maintaining that the track was an accessory use of their property and that, therefore, a permit was not required for its construction. The Zoning Board of Appeals for the Town disagreed with this interpretation, and the Wilzigs brought a combined CPLR article 78 proceeding and declaratory judgment action. The trial court dismissed the claim....the article continues here

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