Cohn v. Town of Cazenovia

Plaintiffs purchased a large one-family residence in the Town of Cazenovia on October 3, 1959. They now wish to use part of the house for one or two apartments but seem to be prohibited from doing so by a Zoning Ordinance. Plaintiffs seek to have the Zoning Ordinance of the Town of Cazenovia declared void because of alleged defects in its adoption.

The Legislature of our State has authorized Town Boards to adopt Zoning Ordinances. (Town Law, § 261.) However, the Legislature has declared the procedure a Town Board must follow before a Zoning Ordinance becomes effective. (Town Law, § 264.)

In…