Social Spirits, Inc. v. Town of Colonie

Appeal from a judgment of the Supreme Court at Special Term, entered December 18,1978 in Rensselaer County, which, in a proceeding pursuant to CPLR article 78, directed the respondents to issue a permanent certificate of occupancy to petitioner for use of its premises by 145 patrons. In June of 1978, petitioner commenced operation of a tavern-restaurant known as the Little Horn II in the Town of Colonie. Petitioner had purchased the premises, which had been operating as a tavern for over 50 years, as a pre-existing nonconforming use and in late 1977 applied for building permits in order to…