MTR D'ANGELO v. DI BERNARDO


106 Misc.2d 735 (1980)

In the Matter of Sam D'Angelo, Petitioner, v. James Di Bernardo, as Building Inspector of the City of North Tonawanda, Respondent.

Supreme Court, Niagara County.

January 30, 1980


Attorney(s) appearing for the Case

Linderman, Nicely & Lance (Miles A. Lance of counsel), for petitioner. Richard C. Kloch, Sr., for respondent.


JOSEPH J. SEDITA, J.

Petitioner herein has been denied a building permit to construct a "duplex" residence on the premises which is the subject of this dispute. In a written denial of petitioner's request for a building permit, the building inspector recited that the tract within which petitioner's lot is located is zoned R-1-2 (single family residential) and that the subdivision approval of the city planning commission and the Department of Environmental...

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