Prudence v. Town of Ithaca Zoning Board of Appeals

Yesawich Jr., J. P.

Appeal from a judgment of the Supreme Court (Relihan, Jr., J.), entered June 18, 1992 in Tompkins County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent finding that petitioner had abandoned the use of his property as a commercial business facility.

Petitioner’s property in the Town of Ithaca, Tompkins County, consisting of a residence and a large, commercial-type building (hereinafter the building), has been zoned residentially since the adoption of the Town’s zoning ordinance in 1954. The property…