Atlantic Richfield Co. v. Senn

Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Special Term erred in construing the provisions of the Lockport City Ordinance. That statute permits a property owner who enjoys a nonconforming use to switch to another nonconforming use of equal or more restrictive classification. This provision does not apply to petitioners, who operate their gas station pursuant to a variance, not pursuant to a nonconforming use (Matter of James v Town of New Hartford, 49 AD2d 247). Although Special Term did not reach the issue, we find petitioners’ proof inadequate to…