Neddermeyer v. Town of Ontario Planning Board

— Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to respondent for further proceedings, in accordance with the following memorandum: We agree with Supreme Court that the determination of the Town of Ontario Planning Board, in denying petitioners’ application *909for a special permit to use their residence as a church, was arbitrary and capricious. The inclusion of churches among uses permitted in the zoning district is tantamount to a legislative determination that the use is in harmony with the general zoning plan and will not be detrimental…