Order, insofar as appealed from, reversed on the law, with $10 costs and disbursements; petition granted; and the building inspector directed forthwith to approve the petitioner's application and to issue the permit, such approval and such permit to be granted unconditionally.
In our opinion, under the circumstances here, it was an illegal and unconstitutional usurpation of power on the part of the local building inspector to deny conditionally petitioner's application...
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