Hubshman v. Henne

In a proceeding pursuant to article 78 of the CPLR to annul so much of a determination of the respondent Zoning Board of Appeals, dated September 2, 1971, as,- in granting petitioner’s application for a variance for the construction of a tennis court and fence, imposed certain conditions thereon, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated May 2, 1972, which dismissed the petition. Judgment reversed, on the law, without costs; petition granted to the extent of annulling conditions numbered 2, 6, 7 and 8 and so much of condition numbered 5 as requires…