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MATTER OF TABAK v. HOLMES

11 Misc.2d 848 (1958)

In the Matter of John Tabak et al., Petitioners, v. Clinton R. Holmes et al., Constituting the Zoning Board of Appeals of the Town of Orchard Park, Respondents.

Supreme Court, Special Term, Erie County.

June 9, 1958.

Attorney(s) appearing for the Case

Vernon R. Wells for petitioners.

Gilbert King for Zoning Board of Appeals, respondent.

Gordon Brown for Lena Oertelt.

REGIS O'BRIEN, J.

Petitioners request a review of the determination of the Zoning Board of Appeals of the Town of Orchard Park granting a permit to one Lena Oertelt to build a house not conforming to the requirements of the zoning ordinance. Cross motion by respondents to dismiss the petition as insufficient in law.

The petitioners allege, among other things, that "on or about" the 16th day of April, 1958 [sic] the Town Board of the Town...

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