Pappalardo v. Michaelis

In this article 78 proceeding, petitioner is the owner of property adjoining the subject parcel, for which the Board of Zoning Appeals has granted a Variance in required lot area, front width of lot, and side yard, to permit construction of a one-family dwelling. On oral argument (but not in its answer and return), the board contended that the property owner to whom the variance was granted is an indispensable party (Civ. Prae. Act, § 193) and, he not having been made a party to the proceeding, the court is without jurisdiction. Since the court concludes that the board’s determination must be…