Judgment modified on the law (1) by striking out (a) the second decretal paragraph ordering the board to grant petitioner's application for such permit and (b) the third decretal paragraph ordering the building permit to issue, and (2) by substituting therefor a provision remanding the proceeding to the local Zoning Board of Appeals for the purpose of rendering a decision not inconsistent herewith. As so modified, order and judgment affirmed, with costs.
In our opinion...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
