Sunset Sanitation Service Corp. v. Board of Zoning Appeals of Town of Smithtown

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Smithtown dated September 13, 1988, which declared that the petitioner’s resource recovery, separation and transfer facility was not a "non-nuisance industry” pursuant to the Building Zone Ordinance of the Town of Smithtown, and therefore denied the petitioner’s application to build such a facility, the appeal, by permission, is from an order of the Supreme Court, Suffolk County (Doyle, J.), entered June 16, 1989, which annulled the determination and remitted the matter to the…