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MATTER OF FILMWAYS v. DOUGLAS

106 A.D.2d 185 (1985)

In the Matter of Filmways Communications of Syracuse, Inc., Appellant-Respondent, v. Alan Douglas, as Building Inspector, Respondent-Appellant. (Appeal No. 1.)

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

January 29, 1985

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (John B. Hood and Jeffrey G. Wright of counsel), for appellant-respondent.

Langan, Grossman, Kinney & Dwyer (John P. Kinney of counsel), for respondent-appellant.

HANCOCK, JR., J. P., DOERR, GREEN and O'DONNELL, JJ., concur.

BOOMER, J.

In 1971, before the enactment of the State Environmental Quality Review Act (SEQRA), the Zoning Board of Appeals of the Town of Onondaga granted a variance for the construction of a 500-foot communication antenna tower on petitioner's property. In 1980, when petitioner applied for a building permit to construct the tower, respondent, the town building inspector, denied the permit, citing as one reason that petitioner failed to file an environmental...

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