Leone v. Brewer

Order denying motion for a peremptory mandamus order affirmed on the law and the facts, with costs. The record discloses that the statute! makes available to the petitioner a means by which he may have a variance. If the powers thus vested by statute be reasonably exercised, the petitioner will be enabled to construct a one-family dwelling that will accord to him substantially the same degree of beneficial user of the property as that sought by him under the plans which were rejected by the building commission. If upon seeking such a reasonable variance the officials empowered to act should…