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MATTER OF LIBBY v. ANGEVINE

17 Misc.2d 80 (1959)

In the Matter of Willard D. Libby et al., Petitioners, v. O. Laurence Angevine et al., Constituting the Zoning Board of Appeals of the Town of Irondequoit, Respondents, and Harold Weichman, Intervenor-Respondent.

Supreme Court, Special Term, Monroe County.

February 17, 1959.

Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox, Dale & Linowitz (Elliott Horton, III, of counsel), for petitioners.

Emmett J. Schnepp for O. Laurence Angevine and others, constituting the Zoning Board of Appeals of the Town of Irondequoit, respondents.

Robinson, McCarthy & Williams (Mitchell T. Williams of counsel), for intervenor-respondent.

G. ROBERT WITMER, J.

This is an application under article 78 of the Civil Practice Act by many owners of residence properties lying in the proximity and westerly of intervenor's premises which front on the west shore of Irondequoit Bay. The area is in a residential zone of the Town of Irondequoit. After public hearing, respondent Zoning Board of Appeals granted to intervenor "a temporary and conditional permit" to use his premises for the erection of...

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