Golden City Park Corp. v. Board of Standards and Appeals

While I concur in the result, my opinion is that the order should not be reversed on the ground that a vested right was not acquired by the petitioner prior to the zoning amendment. A permit was issued to the petitioner on October 14, 1938. The planning commission did not adopt its resolution to amend the zone, changing it from business to residence use, until October 26, 1938. The board of estimate, by affirmative action, approved the change on November 17, 1938. In Matter of Fox Lane Corporation v. Mann (216 App. Div. 813; affd., 243 N. Y. 550) the improvement prior to the change of zone…