Knights of Columbus v. Weaver

OPINION OF THE COURT

D. Bruce Crew, III, J.

Petitioner has commenced a CPLR article 78 proceeding pursuant to section 30.58 (C) (9) of the Ithaca Municipal Code and section 82 of the General City Law for judicial review of a decision of the board of zoning appeals dated September 6, 1983. The board of zoning appeals moved to dismiss the petition and the petitioner cross-moved to amend the petition. At the time of argument of the motions the board of zoning appeals stated that for its motion to dismiss it was relying only on the ground that petitioner lacked standing, and that it was withdrawing…