Harris v. Coffey

This is a proceeding in the nature of a mandamus brought pursuant to article 78 of the Civil Practice Act to review a decision of the Building Inspector of the Village of Freeport, and to compel him to issue a building permit to the petitioner.

It appears that on October 21, 1957 the respondent Board of Trustees adopted a resolution repealing a provision of their Zoning Ordinance known as subdivision 2e of section 10.1, *917which had provided that in a “ Business AA District ”, “ No store for the retail sale of food shall occupy any area of more than three thousand square feet.” This was done…