Fourth Department – Zoning code: Lemmon v. Town of Scipio

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Zoning code

Irrational and unreasonable interpretation – Parked camper trailer

Lemmon v. Town of Scipio

CA 21-01774

Appealed from Supreme Court, Cayuga County

Background: The petitioner commenced an Article 78 proceeding challenging a determination of the respondent Zoning Board of Appeals to deny his appeal from an order to remedy violation issued by the code enforcement officer of the respondent town. The CEO had determined that the petitioner violated the Town zoning law by parking his camper trailer on his property within 250 feet of the side and rear property lines.

Ruling: The Appellate Division reversed and granted the petition. The court held that the respondents’ interpretation of the zoning code is irrational and unreasonable. The zoning code defines camp as any temporary or portable shelter such as a tent, recreational vehicle, or trailer. The zoning code does not have additional provisions to clarify whether a vehicle can constitute both a camp as well as a shelter in a camp. Moreover, while the petitioner concedes that his trailer was within 250 feet from the property line, it is not a fixed location on his property. Thus, the trailer did not qualify as a structure as defined by the zoning code.

Joseph F. Castiglione, of Young/Sommer, for the petitioner-appellant; Richard L. Weber, of Bond, Sschoeneck & King, for the respondents-respondents.

Oral argument video