Adams Holding Corp. v. Van Rosendaal

Petitioners make application for an order pursuant to article 78 of the Civil Practice Act directing *499respondent to issue a building permit for the erection of a gasoline service station.

A gasoline service station is a permitted use in a 0-2 district. Respondent does not deny that petitioner has a right to use her property for a gasoline service station but contends that this application is premature because the building inspector has not made a determination and such determination has not been reviewed by the Zoning Board of Appeals. Respondent also contends that petitioners have failed to…