Town of Onondaga v. Hubbell

Judgment affirmed, without costs of this appeal to any party. All concur, Halpern, J., in the following memorandum: While I join in affirming the judgment appealed from, I do so on a special ground which is wholly different from the reasons given by the trial court in its opinion. I believe that the change from a restaurant selling only food and nonalcoholic beverages to a restaurant selling beer, was a permissible change of use under the zoning ordinance, since the change was from one nonconforming use to another nonconforming use within the same classification (in fact, within the same…