Von der Heide v. Zoning Board of Appeals

Petitioner appeals from a final order dismissing his petition for an order, pursuant to article 78 of the Civil Practice Act, to review a determination made by respondents, constituting the zoning board of appeals of the town of Somers. Petitioner, the owner of land zoned for business by the town zoning ordinance, sought a permit, for the construction of a “motel” upon such property. • His application was denied by the town building inspector and that decision was affirmed by respondents, on the ground that a motel was not a use permitted in a business district by the ordinance. The ordinance…