RJA Holding Inc. v. Town of Wappingers Zoning Board of Appeals

In a proceeding pursuant to CPLR article 78 to review a determination of the Town of Wappinger Zoning Board of Appeals, incorrectly sued herein as Town of Wappingers Zoning Board of Appeals, dated March 2, 2005, that the use of certain real property by RJA Holding Inc., is not a continuation of a preexisting nonconforming use, the appeal is from a judgment of the Supreme Court, Dutchess County (Fagones, J.), dated November 15, 2005, which granted the petition and annulled the determination.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the…