MTR. OF GERLING v. BD. OF ZONING APPEALS


11 Misc.2d 84 (1957)

In the Matter of Henry B. Gerling et al., Petitioners, v. Board of Zoning Appeals of the Town of Clay et al., Respondents, and John Hinerwadel, Intervenor.

Supreme Court, Special Term, Onondaga County.

October 28, 1957.


Attorney(s) appearing for the Case

Smith & Sovik for petitioners.

Melvin & Melvin for respondents.

Macht & Levinthal and Hancock, Dorr, Ryan and Shove for intervenor.


FRANK DEL VECCHIO, J.

This is a proceeding under article 78 of the Civil Practice Act to review and annul a determination of the Board of Zoning Appeals, made after a hearing, granting a variance to permit John Hinerwadel, the intervenor, to construct and extend existing buildings thereby improving and expanding a present nonconforming, legally existing use.

John Hinerwadel is the owner of 31¾ acres...

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