Matter of Market Sq. Props. v. Town of Guilderland Zoning Bd. of Appeals

In Matter of Market Sq. Props. v. Town of Guilderland Zoning Bd. of Appeals (66 N.Y.2d 893, 895, 489 N.E.2d 741, 498 N.Y.S.2d 772 [1985]), the Court held that "expert opinion . . . may not be disregarded in favor of generalized community objections," but nevertheless affirmed the board's denial of a special use permit because there were other grounds in the record. The same principle applies to renewal of a special use permit. This is not to say that denials and nonrenewals may always be based on identical grounds. Where a facility is already in operation and its owner has made an investment, the board should take those facts into account. That said, the board's decision remains a discretionary one that will not be overturned if it has a proper basis.