Spilka v. Town of Inlet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Aulisi, J.), entered July 11, 2003 in Hamilton County, which, inter alia, denied defendant’s motion to dismiss the complaint.
Since 2001, plaintiff has owned a one-family dwelling in the Town of Inlet, Hamilton County. Under a 1966 zoning ordinance, the property is in an R-l residence district. Flaintiff alleges that *813the property is his primary residence, but he rents it out on a short-term basis for approximately three months per year. In 2002, defendant amended the zoning ordinance to require special use permits for rental of nonowner-occupied…
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