Property Developer, Inc. v. Swiatek

— Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in annulling respondents’ determination to deny petitioner’s special use permit application and in ordering respondents to grant petitioner a permit to operate a used car sales lot and a public garage at 2009 William Street, Cheektowaga. While this proceeding was pending in Supreme Court, respondents, on January 18, 1992, enacted a new zoning ordinance that did not permit the proposed use in the CM-General Commercial District in which petitioner’s property was located.

Supreme Court…