Baader v. Town of Aurelius Zoning Board of Appeals

Judgment affirmed without costs. Memorandum: Petitioners commenced this CPLR article 78 proceeding to annul a determination of the Town of Aurelius Zoning Board of Appeals that upheld the issuance of a certificate of nonconforming use by the Town’s zoning enforcement officer and the issuance of three building permits by the Town’s building inspector. Petitioners’ principal argument on appeal is that the respondent property owners failed to sustain their burden of proof that they are entitled to the certificate of nonconforming use.

It is "axiomatic that the court will not substitute its…