Matter of Warner v. Town of Kent Zoning Bd. of Appeals

Maltese, J.,

dissents, and votes to affirm the judgment, with the following memorandum: The appellant Town of Kent Zoning Board of Appeals (hereinafter the ZBA) has acted most unreasonably, arbitrarily, and capriciously in this matter and has abused its discretion in denying the petitioner a building permit to restore her home after it was destroyed by a fire. Accordingly, I dissent and vote to affirm the judgment of the Supreme Court, Putnam County.

Since the year 2000, the petitioner, Tisha Warner, has been the owner of the subject house located at 236 Lakeshore Drive East in the Town of…