Leone v. City of Jamestown Zoning Board of Appeals

Appeal from a judgment (denominated order) of the Supreme Court, Chautauqua County (Frank A. Sedita, III, J.), dated August 11, 2016 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs, the petition is reinstated, the petition is granted, and the determination is annulled.

Memorandum: Petitioners, residents of the City of Jamestown, challenge the determination of respondent City of Jamestown Zoning Board of Appeals (ZBA) to grant a use variance to respondents…