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Court of Appeals – Zoning: Smith et al. v. Town of Thompson Planning Board, et al.
Daily Record Staff//May 19, 2026//
Court of Appeals – Zoning: Smith et al. v. Town of Thompson Planning Board, et al.
Daily Record Staff//May 19, 2026//
Listen to this articleNew York State Court of Appeals
Zoning — Warehouse and special use permit
Smith et al. v. Town of Thompson Planning Board, et al.
No. 27
Memorandum
Background: The appellant submitted a project proposal to the respondent planning board seeking site plan approval and a special use permit to develop two warehouse buildings. It is undisputed that the warehouses are a permitted use, subject to site plan approval and special use permit, in the property’s zoning district, but distribution centers are not. The distinction depends on the actual use of the property.
Ruling: The Court of Appeals held that despite the number and density of loading docks reflected in the project proposal likely indicates that the property’s actual use will differ from what the planning board approved, there is no error of law or abuse of discretion in the issuance of the site plan approval and special use permit.
Michael A. Fogel for the appellant; Steven N. Mogel for the respondents.
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