Clune v. Walker

In this proceeding brought pursuant to article 78 of the Civil Practice Act petitioners seek an order annulling the determination of the respondent Board of Appeals denying petitioners’ application for a certificate of occupancy of a carriage house with independent dwelling quarters situated on a parcel of property upon which the carriage house and a main dwelling are erected and of which the area in square feet of realty does not meet with the minimum area requirement of the zoning ordinances of the respondent municipality. The respondents, in a motion addressed to the petitioners, attack…