People ex rel. Facey v. Leo

The board of appeals has granted permission for the erection of a public garage in a residence district under the building zone resolution. The legality of this action is challenged. In defense it is claimed the power exists under section 7, subdivision a, and section 20, of the resolution of the board of estimate.

For more than twenty years there has been a frame stable on the rear of the lots in question used by from eight to twelve horses. At times it was rented out. At other times it was used by the owner in his business. The action complained of will result in the demolition of this…