The village zoning law's definition of a tourist accommodation has been upheld in the appeal of a lower court ruling last summer, but at the same time, the court ruled that landlords operating without special permits were improperly charged with violations of the law.

Last month, a five-member judicial panel in Albany agreed with the village's contention that a word - rooms - was inadvertently left out of the law. In their ruling, the justices said the village's claim was "clearly supported" by references elsewhere in the zoning ordinance to the number of rooms that can be rented in tourist accommodations.

Their decision reversed the one issued by Chenango County Supreme Court Justice Kevin Dowd who ruled that portion of the law was "meaningless and unenforceable."

"We're very happy with the decision said Fly Creek attorney Lester Sitter, who represented David Soule. He and other property owners were charged in the summer of 1999 with violating the village zoning law in a crackdown on what then village zoning enforcement officer Anthony Scalici said were illegal B&Bs renting to Dreams Park visitors.

Sittler said the latest ruling means his client and the others will be able to continue renting for week-long stays despite any changes in the law because they are pre-existing, non-conforming entities.

Soule said last week that they believed from the beginning that the charge was "frivolous."

"The village was really stretching its interpretation of the law," he said.

Soule said he plans to continue to operate the tourist accommodation in the same manner he has since 1997.

He is still waiting, he said, to receive the court costs of more than $400 from the village that he was awarded by the court.

The crackdown on the tourist accommodations was in response to numerous complaints and concerns on the part of village officials about the impact of their sharp increase throughout the village.

"They are having a negative effect on the residential character of the village," Mayor Wendell Tripp said at the time.

The mayor has spoken on many occasions about the proliferation of tourist accommodations and the threats they pose to the village. One of the results of the growth of tourist accommodations is the loss of apartments in the village, but so is a shortage of affordable housing, especially for young families, a strain on the village's water system and the loss of the residential character of neighborhoods now filled with more and more transient residents.

"This one of the most important issues facing the trustees," Tripp said last summer. "The village has never been under such pressure that threatens its residential character. I hope residents wake up to this."

Tripp said he was glad the court upheld the village's contention that the missing word in the zoning law's definition of tourist accommodation was "rooms" and that due to a typographical error it was omitted.

The mayor was not as pleased with the second portion of the decision, but said that the zoning law has been amended to include the time limit the court said was needed. The village has also amended the law to include the word "rooms."

Unlike Soule and Sittler, Tripp, who readily admits he is not an attorney, believes that the court decision does not mean landlords can continue to operate as they had been when charged with violations in 1999.

Generally, activities or conditions in existence prior to a law being passed that would regulate them are allowed to continue as pre-existing, non-conforming entities. Often the term "grandfathered " is used to describe them.

The village zoning law does allow for non-conforming uses, but Tripp said he does not believe it applies here. "Their season came to an end," he said.

If someone else wanted to operate a tourist accomodation they would have to adhere to current regulations and the same applies to Soule and the others, he said.

"As far as we're concerned, the current zoning law is in affect," he said.

The differing opinions about the non-conforming status of the rentals does not necessarily set the stage for a showdown next summer. The mayor said he anticipates the law will be enforced in the same manner it is currently.

Tripp said he is an advocate of owner-occupied B&Bs, unlike the tourist accommodations cited with violations. Owner-occupancy is essential, he said, and owner-occupied B&Bs are more likely to take into account their impact on people residing near by and work to maintain the residential qualities of the village's neighborhoods.

"Summer is not a lengthy season," Tripp said, "and if residents are beset by noise it really spoils it. You have to balance the rights of investors with the right of the community to exist in a state of well-being. In most cases it works fairly well."