Merrick Community Nursery School v. Young

Petitioner in this proceeding brought pursuant to article 78 of the Civil Practice Act, seeks an order in the nature of a mandamus directing the respondent building inspector of the Town of Hempstead to issue to it a building permit for the alteration of premises owned by it “ so as to make said premises suitable for petitioner’s use as a nursery school.” On November 27, 1957, the respondent denied an application for such permit on the ground that the proposed use was prohibited by section B-1.3 of the' Town of Hempstead Zoning Ordinance.

It is admitted by the respondent that petitioner’s…