Arager v. Summer

Lazer, J.,

dissents and votes to reverse the judgment, grant the petition and annul the determination, with the following memorandum, in which Suozzi, J., concurs: I do not agree with the majority that the determination of the zoning board of appeals was supported by substantial evidence or that it "was not made in violation of lawful procedures”. If the board’s grant is an exercise of original jurisdiction to declare the existence of a legal nonconforming use, it must fall because there has been no showing that the board was delegated such jurisdiction; if the grant is a variance, it must…