Jewish Reconstructionist Synagogue of the North Shore, Inc. v. Levitan

Memorandum. Respondents’ motion to dismiss the petition raised only the issue of the power of the Board of Appeals-to grant the special permit sought by the synagogue. We agree *829with the determinations below that the board had no such power or authority.

The Village Board of Trustees delegated authority to the Zoning Board of Appeals to grant special permits for religious and educational uses. That delegation, however, mandated a 100-foot side-yard setback restriction as to each such special permit. Here the synagogue requested a special permit without the side-line setback. Under the…