Bailey v. City Planning Commission of Rochester

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in annulling the determination of the City Planning Commission of the City of Rochester (Planning Commission). The Planning Commission granted intervenorrespondent, the operator of a restaurant-tavern business, a *1082special use permit to validate an expansion of the premises that had occurred some 13 years prior to the subject application. The record here amply demonstrates that the Planning Commission had the authority to grant the special use permit under the existing zoning ordinance…