New Morton Village Pool & Recreation Ass'n v. Town Board

In this proceeding under article 78 of the Civil Practice Act the petitioner seeks an order annulling the determination of the Town Board which denied petitioner’s application to operate a private club with bathing pool and recreational facilities within a “ B ” Residence district. The ordinance provision under which the application was made is article IV, section B-l, subdivision 10.3 and it authorizes among permitted uses in a “B” Residence district ‘‘ Private Clubs when authorized by the Town Board, as a special exception, after a public hearing ”.

The determination by the Town Board was an…