MATTER OF LYNCH v. GARDNER


15 A.D.2d 562 (1961)

In the Matter of Michael J. Lynch, Jr., et al., Petitioners, v. John J. Gardner et al., Constituting The Board of Appeals On Zoning of the City of New Rochelle, Respondents, and Margaret O'Brien et al., Intervenors-Respondents

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

December 27, 1961


Determination annulled on the law, with $20 costs and disbursements payable by the intervenors to the petitioners.

Neither the questions of fact nor the board's findings of fact have been considered. The city ordinance of the City of New Rochelle permits the Zoning Board of Appeals to grant a special permit for a gasoline filling station "but not nearer than 1,000 feet to" an existing gasoline station. The station for which the permit is sought lies less than 600...

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