Brick Hill Construction Corp. v. Zoning Board of Appeals of Somers

In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board *811of Appeals of the Town of Somers, that denied petitioners’ application for a special exception use permit to excavate natural products, the appeal is from a judgment of the Supreme Court, Westchester County, dated July 2, 1979, which annulled the determination and directed the board to issue the special exception use permit. Judgment reversed, on the law, with costs, determination of the board confirmed and proceeding dismissed on the merits. The determination of the board that petitioners’ application…