MATTER OF BUFFALO RED-I-MIX CONCRETE CORP. v. FOELL


1 A.D.2d 762 (1955)

In the Matter of Buffalo Red-I-Mix Concrete Corporation, Respondent, v. Charles Foell et al., Constituting The Zoning Board of Appeals of the Town of West Seneca, Respondents, and Albert J. Giese et al., Constituting The Town Board of West Seneca, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 30, 1955


Orders reversed upon the law, without costs of this appeal to any party, and petition dismissed without prejudice to bring such other or further proceeding as it may be advised.

Memorandum:

Absent a showing, which is not here present, that petitioner had a clear legal right to the relief sought, the orders appealed from should be reversed and the petition dismissed without prejudice to bring such other or further proceeding as it may be advised. The town clerk...

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