New York Court of Appeals

In the Matter of Charles C. Allen v. Nancy Adami, Constituting the Board of Zoning Appeals of the Village of…

April 8, 197639 N.Y.2d 275

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the petitioners were entitled to a special zoning exception because the ordinance required only that the parcel be owned individually and separately on January 22, 1962, not that it remain separately owned thereafter. Chief Judge Breitel dissented, arguing that both statutory requirements must be satisfied.