Hanna v. Crossley

Judgment unanimously reversed, without costs, and matter remitted to the Zoning Board of Appeals of the Town of Kirkland for further proceedings in accordance with the following Memorandum: The respondent Zoning Board of Appeals determined that the use of the property as a gasoline service station was discontinued for a period exceeding 12 months and, pursuant to the local ordinance in effect, could not be re-established. The board also denied petitioner’s application for a variance. 'Special Term erroneously concluded that the nonconforming use of the premises as a gasoline service station…