Town of Caroline v. County of Tompkins

Appeal from an order and judgment of the Supreme Court (Relihan, Jr., J.), entered November 16, 2001 in Tompkins County, which dismissed petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, inter alia, declare that respondent must comply with its zoning ordinance.

In the summer of 2001, the Board of Representatives of respondent, adopted a resolution to expand a public works building on property it owns on Bostwick Road in petitioner Town of Ithaca (hereinafter petitioner). The plan was to add 9,975 square feet to respondent’s…