Hilbert v. Haas

The respondent Zoning Board of Appeals of the Town of East Hampton decided that the petitioner Hilbert did not have a nonconforming marina use of his property prior *778to an amendment of the zoning ordinance eliminating such use as to his parcel. Hilbert has brought this article 78 proceeding to review and set aside that determination as having been made beyond the board’s jurisdiction and as arbitrary in any event.

The board’s decision came about as a result of the activities of the individual respondents (hereinafter “ claimants ”). They initially inquired of the Town Building Inspector whether…