Town of Poestenkill v. Sicho

On October 16, 1962, the plaintiff, Town of Poestenkill, adopted a resolution granting the defendant Roman Sicho the right to construct and use a landing strip for light airplanes in connection with the operation of a proposed business establishment to be constructed on lands acquired by said defendant. The application was made pursuant to subdivision 2 of section 249 of the General Business Law and in this action plaintiff seeks a declaration that said statute empowers the plaintiff to restrict or regulate any extension, modification or enlargement of the limited use authorized by…