Carleton Tennis Associates, Inc. v. Town of Clay

OPINION OF THE COURT

John R. Tenney, J.

This is a declaratory judgment action to determine the *523validity of Town of Clay Zoning Ordinance § 30.74 (B) (2). Plaintiff owns a private tennis club near the Woodard Industrial Park zoned as district C-5. The club is operated under a special permit which allows the serving of beverages from vending machines. Plaintiff wishes to provide food and beverages, including alcoholic beverages, to users of the club.

Defendants concede that sale of food and beverages is generally permitted in C-5 zones. However, they have refused to issue a permit because section…