Fucigna v. O'Connor

By this proceeding under article 78 of the Civil Practice Act, the petitioner seeks an order in the nature of a mandamus for the issuance of certain building permits, asserting that provisions of the Town of North Hempstead Zoning Ordinance dictating such refusal are, as to the petitioner’s premises, arbitrary, unreasonable and unconstitutional.

The property involved has a frontage of 191 feet on its northerly side which is the southerly boundary of the Biverhead Expressway now in the process of construction. Its frontage on Willis Avenue is 383 feet. The frontage on the southerly boundary…