Von Gerichten v. Schermerhorn

Respondent Board of Appeals of the Town of Islip denied each of petitioner’s 14 separate applications for special exception. Now we have 14 separate article 78 OPLR proceedings brought by petitioner to review every one of these denials. The hearings, the returns and these proceedings reflect almost identical issues of fact and law. We shall therefore follow the parties’ lead and treat these matters collectively and as one.

By the terms of article XVIII of the Islip Zoning Ordinance the Board of Appeals is empowered to grant such special exceptions where otherwise permissible, as it deems will…