Marshall v. Quinones

This is an article 78 proceeding to review a decision of the City of Lockport Zoning Board of Appeals which granted a variance permitting an insurance office on the first floor of an apartment building. Before service of an answer appellants moved to dismiss the petition on three grounds: (1) the petition fails to show facts sufficient to establish petitioner’s standing to maintain the proceeding, (2) there has been a fatal failure to join the owner as a party, which requires dismissal, (3) the Common Council acted without authority in directing the Corporation Counsel to represent petitioner.