Smalls v. Board of Standards & Appeals

Respondents move to vacate an order of certiorari, dismiss the petition and affirm the determination of the Board of Standards and Appeals.

The facts are not in dispute.

When petitioner filed plans on June 24, 1953 for alteration of the premises from single to two-family occupancy, approval by the Borough Superintendent of the Department of Buildings was proper since the building was then in a C-zone which permitted two-family occupancy. Had the alterations been completed and a certificate of occupancy issued for such two-family occupancy, any subsequent change in the zoning resolution to…