MATTER OF NU SIGMA CHI, INC. v. SMITH


27 A.D.2d 771 (1967)

In the Matter of Nu Sigma Chi, Inc., Respondent, v. Donald H. Smith et al., Constituting The Zoning Board of Appeals of Cortland, et al., Appellants

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

February 10, 1967


GIBSON, P. J.

Appellants in their brief define the issue tendered on appeal as whether "the construction of [the] parking lot * * * without first obtaining a variance, violate[s] the `open unoccupied space' requirement for both front and rear yards under the `Planning and Zoning Ordinance of the City of Cortland'". Concededly, the maintenance of the sorority house is a conforming or permitted use in the R-2 or two-family and multiple-family residence...

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