Claremont Gardens, Inc. v. Barker

On May 27, 1953, appellant issued a permit to respondent for the erection of a six-story multiple dwelling in the city of Mount Vernon. On June 8, 1953, the city zoning ordinance was amended so as to limit the height of certain buildings, including multiple dwellings, to three stories. On June 10, 1953, appellant revoked the permit. This article 78 proceeding sought to have cancelled the revocation of the permit and to compel its reinstatement. Upon the return date, appellant cross-moved to dismiss the petition or to strike certain paragraphs therefrom, or to extend his time to 'answer. The…