FITZSIMMONS v. ANDERSON


25 A.D.2d 488 (1966)

Ray Fitzsimmons et al., Appellants, v. Lennarth Anderson et al., Constituting The Zoning Board of Appeals of the City of Rochester, Respondents, and Alfred Amico et al., Intervenors-Respondents

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

January 20, 1966


Order unanimously reversed, without costs of this appeal to any party, and determination of Zoning Board of Appeals of Rochester annulled.

Memorandum:

Petitioners appeal from Special Term's order confirming a determination of the Zoning Board of Appeals granting intervenors a variance for construction of a commercial building in an area zoned residential. Intervenor Amico purchased the property in 1960, boarded it up and never occupied it. The issue involved...

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