Theriault v. Town of Farmington Planning Board

Judgment insofar as appealed from unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in vacating the Planning Board’s denial of a special permit and directing the Planning Board to issue a permit to petitioner. Although a two-family dwelling was a special permitted use in an A-40 district under the zoning code of the Town of Farmington when petitioner submitted his application for a special use permit, the zoning code was amended after petitioner commenced the CPLR article 78 proceeding and before Supreme Court rendered its determination. The…