Adams Holding Corp. v. Spitz

This is a proceeding brought under article 78 of the Civil Practice Act to review a determination of the respondents, constituting the Common Council of the City of Poughkeepsie, which denied petitioners a curb-lowering permit, and to direct the issuance of such permit for reasonable curb cuts in order to allow ingress and egress to a proposed gasoline station.

The material and relevant facts necessary for this decision appear to be undisputed. In March, 1957, the Common Council, in the performance of a legislative function, rezoned a certain area in which the property involved in this…