MATTER OF DICKERSON v. JENSEN


33 A.D.2d 890 (1969)

In the Matter of Richard J. Dickerson et al., Appellants, v. Arnleiu Jensen et al., Constituting The Zoning Board of Appeals of the Town of Perinton, Respondents

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

December 11, 1969


Judgment unanimously affirmed, with costs.

Memorandum:

The trial court correctly concluded that the petition should be dismissed but we do not agree with the reasoning by which this result was reached. Petitioners sought a review of the board's determination in this article 78 proceeding that granted Woman's Club of Rochester a special permit to construct a club house in a residential district. The court proceeding was commenced by service of petition and...

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