Genesee Farms, Inc. v. Scopano

Callahan, J. (dissenting).

I respectfully dissent and vote to affirm. We cannot view this record blindly to see the petitioner’s store as a gas station operation simply because gasoline is dispensed and ignore the modern trend in merchandising other consumer products. We must take judicial notice of the recent "stop and go” type stores which have self-service gas pumps incidental to selected convenient items, principally dairy products. There is sufficient proof in this record to substantiate the gasoline sales herein as an "accessory use” within the purview of the village ordinance.…