Hey v. Town Board of Potter

—Judgment unanimously affirmed, without costs. Memorandum: The April 1982 vote of the Town Board was not sufficient to repeal the zoning ordinance. Town Law § 265 requires a three-fourths vote of the Town Board in order to repeal a zoning ordinance after protest has been registered, as it was here, by 20% of the affected property owners. Since the Board consists of five members, it was necessary to have four favorable votes in order to repeal the ordinance and thus the 3 to 1 vote, with one member abstaining, was insufficient for repeal. Thus viewed there is no need to address the other…