MATTER OF RSM WEST LAKE ROAD LLC v. TOWN OF CANANDAIGUA ZONING BOARD OF APPEALS


12 N.Y.3d 843 (2009)

In the Matter of RSM WEST LAKE ROAD LLC et al., Respondents, v. TOWN OF CANANDAIGUA ZONING BOARD OF APPEALS et al., Respondents, and EAST SHORE ASSOCIATION OF CANANDAIGUA LAKE, INC., et al., Appellants.

Court of Appeals of New York.

Decided May 12, 2009.


Attorney(s) appearing for the Case

Brenna, Brenna & Boyce, PLLC, Rochester (Sheldon W. Boyce of counsel), for East Shore Association of Canandaigua Lake, Inc. and another, appellants.

Hiscock & Barclay LLP, Rochester (Thomas F. Walsh of counsel), for RSM West Lake Road, LLC and others, respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellants East Shore Association of Canandaigua Lake, Inc. and Canandaigua Lake Watershed Alliance, Inc. had standing to appeal to the Town of Canandaigua Zoning Board of Appeals (ZBA) from the zoning officer's determinations that the clubhouse is a private water oriented recreational facility within the meaning of the Town of Canandaigua Zoning...

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