Little v. Town of Fabius Zoning Board of Appeals

Memorandum:

Petitioners, the owners of real property in the Town of Fabius (Town), commenced this CPLR article 78 proceeding challenging the determination, issued following a public hearing, that upheld the Town Zoning Officer’s 2010 issuance of a certificate of compliance for occupancy of a mobile home by tenants named in a lease agreement with the owners of neighboring property (owners). In 1993 respondent had issued a special permit to the owners for the placement of the mobile home on their property for the use of a full-time agricultural employee. As a preliminary matter, we agree with…