Anderson v. Town of Clarence

—Judgment unanimously reversed on the law without costs, motion denied, petition reinstated and respondents directed to file and serve an answer within 20 days of service of a copy of the order of this Court with notice of entry. Memorandum: Petitioners commenced this CPLR article 78 proceeding alleging that respondent Town Board of Town of Clarence acted in an arbitrary and capricious manner in revoking a special exception use permit that had previously been issued to them. Supreme Court erred in granting respondents’ motion to dismiss the petition for failure to state a cause of action…