Mammina v. Zoning Board of Appeals of Cortlandt

opinion of the court

Vincent Gurahian, J.

The Zoning Board of Appeals of the Town of Cortlandt has granted a commercial radio station a public utility special use permit to erect transmitting towers in an area zoned for residential use. Petitioner, an owner of neighboring property, brings this CPLR article 78 proceeding for judgment annulling the determination of the respondent zoning board.

Respondent Highland Broadcasting Corporation (Highland), is the licensee of a commercial radio broadcasting station using a designated AM frequency during daylight hours by authorization of the Federal…