Leichter v. Barrett

This is an article 78 proceeding to secure an order directing the town hoard of the town of Bedford, this county, to issue a permit to petitioner for removal of fill, subsoil and gravel from certain premises owned by him and situated in said town. The respondents (members of the town board), move to dismiss the petition upon the following grounds:

“ (1) that it does not state facts sufficient to entitle the petitioner to relief sought ;

“ (2) that this Court is without jurisdiction to entertain, consider or decide the subject matter of the petition;

“ (3) that by the terms of the petition…