MATTER OF LEONE v. CITY OF JAMESTOWN ZONING BD. OF APPEALS

716 CA 17-00171.

151 A.D.3d 1828 (2017)

56 N.Y.S.3d 762

2017 NY Slip Op 04980

In the Matter of PAUL LEONE et al., Appellants, v. CITY OF JAMESTOWN ZONING BOARD OF APPEALS et al., Respondents.

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

Decided June 16, 2017.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is reinstated, the petition is granted, and the determination is annulled.

Memorandum: Petitioners, residents of the City of Jamestown, challenge the determination of respondent City of Jamestown Zoning Board of Appeals (ZBA) to grant a use variance to respondents Jamestown Community College (JCC) and Lynn Development, Inc. (Lynn), thereby permitting...

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