Held v. Livingston

This article 78 proceeding seeks a review of a decision by the Zoning Board of Appeals of the respondent village, which denied petitioner’s application for what he contends was a special type of variance in the nature of a special exception.

Previously and in April, 1959 petitioner had applied to the Village Board of Trustees itself for a change of zone and this application was denied on June 16, 1959, after a public hearing, *575but by stipulation made herein, the record in that case was made a part of the record in the instant case.

In the present proceeding the petitioner invokes article XIX (§…