Vanderveer v. Vanrouwendaal

This is an article 78 proceeding, and a hearing was held before this court pursuant to the order of Justice John P. Donohoe.

The proceeding was instituted by owners of real property in the City of Poughkeepsie. They seek to set aside a decision of October 24, 1972, made by the respondent, city planning board, in which it granted a special permit to a developer to construct a 10-story, 522-unit apartment house contiguous to the petitioners’ property. From the testimony at the hearing, *605the special permit was issued in the face of written disapproval by the Dutchess County Planning Department and…