Rottkamp v. Young

Ughetta, Acting P. J. (dissenting).

Assuming the factual allegations of the complaints to be true, plaintiffs Bottkamp (in the one complaint) are owners, and plaintiffs (in the companion complaint) are lessees, of a parcel of real estate in *378defendant town. Application for a permit to build a diner thereon was willfully refused on May 9, 1955 by defendant Young, who is Manager of the Building Department and Chief Building Inspector of the town, and by the town itself, and thereafter by the Town Board on August 25, 1955.

Despite a Supreme Court order of December 1, 1955 directing Young to issue…