Oleet v. Hildreth

Wenzel, Acting P. J., MacCrate and Ughetta, JJ., concur; Schmidt and Beldock, JJ., dissent and vote to affirm, with the following memorandum: Concededly, the right to permit curb cuts is in the common council. The permit to use the land as a parking lot, issued by the zoning board, was expressly conditioned upon the granting of a curb-lowering permit by the council. Since, as observed by the majority, the council’s function in such matters is usually discretionary, the express condition made the board’s permit subject to the council’s discretion. Otherwise, the condition is meaningless. The…