Gramatan Hills Manor, Inc. v. Manganiello

A trial of the issues of this proceeding under article 78 of the Civil Practice Act has been held. The petitioner sues for an order to compel the respondent, the Building Inspector of the Village of Tuckahoe, either to consider and approve plans for the construction of an apartment house, or, in the alternative, to issue a permit for the construction of the apartment house. The facts established at the trial disclose the existence of a question which has plagued courts time and again in zoning cases —the respective rights of the applicant for a building permit, and of a municipality, when…