Town of Greenburgh v. Buser

Submission of a controversy upon an agreed statement of facts. Judgment is unanimously directed for plaintiff, with costs, declaring that the building permit and certificate of occupancy were illegally issued to defendant Buser in that the plans and specifications and the building erected in accordance therewith do not conform to the provisions of the plaintiff’s building zone ordinance, as amended, and the conditions imposed by the town board in granting the application of defendant Buser for a change of zone. Defendants are enjoined from constructing, maintaining, using or occupying the…