Sarber Realty Corp. v. Silver

This article 78 proceeding seeks to annul the determination of the respondent Board of Appeals of the City of Long Beach, which granted a temporary permit to Majorca Room, Inc., to park cars on a vacant lot situated across the street from the Azores Apartment house, for the exclusive use of the tenants in that apartment.

*262Of the many grounds adverted to as reasons for upsetting the board’s decision, only two require discussion. These are one, the validity of the vote which granted the application and two, whether there is any legal requirement that a case of practical difficulty or unnecessary…