Smith v. Town of Penfield
Opinion of the Court
Judgment unanimously affirmed, without costs. Memorandum: For reasons stated in the decision at Special Term (Finnerty, J.), we agree that, once the nonconforming two-story commercial structure which housed a tavern and apartments was destroyed by fire, the Zoning Ordinance required that the restoration of the structure be actually commenced within one year after the destruction. The filing of an application for a building permit is not tantamount to the commencement of construction and the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.