Balon v. Howard

Petitioner moves for an order pursuant to article 78 of the Civil Practice Act directing respondent Board of Appeals of the Town of Porter, Niagara County, New York, to reverse its determination dated July 24, 1962, granting ‘ ‘ Mrs. E. R. Shortz ’ ’ a variance permitting her to erect a commercial building in a “ Residential ” zone.

The petition alleges that petitioner owns property on the north side of Lakeshore Road, Town of Porter, New York, immediately adjacent to the property of “ Mrs. E. R. Shortz;” that all said property was and is zoned “ Residential;” that when the Zoning Ordinance of…