Burke v. O'Connor

This article 78 proceeding is brought (1) to compel the issuance of a building permit to operate a restaurant; (2) to review the determination of the East Aurora Zoning Board of Appeals in affirming the denial of a building permit by the Building Inspector of said village; and (3) in the alternative, to review the determination of the aforesaid board in refusing to grant a variance to the petitioner.

The facts upon which this proceeding is based are as follows:

It appears that for many years there was maintained upon the property which is the subject of this proceeding, an inn and restaurant.…