City of Utica v. Paternoster

The question raised by this action is whether a municipal legislative body may validly delegate the power to determine the boundary lines of a zoning district to an administrative officer in cases where an ambiguity exists in the ordinance.

The facts are not in serious doubt. The defendant Paternoster owns two vacant lots, known as 1821-1823 Monroe Street, in the City of Utica. They have been used by defendant Ianno for a retail nursery since March, 1970. The property is situated at the zoning district boundary line between a R-2 residential zone, which prohibits retail use, and a C-2…