Freeman v. Town of Ithaca Zoning Board of Appeals

Appeal from a judgment of the Supreme Court at Special Term, entered March 9, 1977 in Tompkins County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, seeking the annulment of a determination of the respondent board. On September 23, 1976, the respondent Town of Ithaca Zoning Board of Appeals approved an application by the intervenors-respondents to construct a medical clinic in a residential district. Upon the issuance of a special permit therefor, such a clinic is a permitted use in the district, and in the present proceeding petitioners argue that the…