Abany Preparatory Charter School v. City of Albany

Appeal from a judgment of the Supreme Court (Spargo, J.), entered November 30, 2005 in Albany County, which, inter alia, granted petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to annul a determination of respondent City of Albany Board of Zoning Appeals denying petitioners’ request for a use variance, area variances and a parking lot permit to construct and operate a charter school.

Petitioners’ property at 30 Watervliet Avenue in the City of Albany was, for 70 years prior to its conversion to commercial office space, used as…