Allen v. Fersh

This is a proceeding under article 78 of the Civil Practice Act (transferred to this court by order of the Supreme Court) to review a decision *919of the zoning board of appeals of the City of Plattsburgh, New York, which granted the application of respondents McDowell for a variance and authorized the construction of a gasoline service station on their property, which is located in a residential zone. Prior to the effective date of the zoning ordinance the McDowells had been granted a final building permit by the building inspector for the construction of a modern gasoline station upon the…