MATTER OF ATL. RICHFIELD CO. v. SENN


105 A.D.2d 1074 (1984)

In the Matter of Atlantic Richfield Company et al., Respondents, v. Wayne Senn et al., Constituting The Zoning Board of Appeals of the City of Lockport, et al., Appellants

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

November 7, 1984


Judgment unanimously reversed, without costs, and petition dismissed.

Memorandum:

Special Term erred in construing the provisions of the Lockport City Ordinance. That statute permits a property owner who enjoys a nonconforming use to switch to another nonconforming use of equal or more restrictive classification. This provision does not apply to petitioners, who operate their gas station pursuant to a variance, not pursuant to a nonconforming use (Matter...

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