Judge Dismisses Petitioner's Article 78 Proceeding

Summary

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Because the co-owners of the petitioner's property did not join the petitioner's application before the Zoning Board of Appeals, the co-owners should have been named as respondents in the petitioner's Article 78 proceeding.

In John J. Cahill v. Town of Milo Zoning Board of Appeals, New York State Supreme Court, Yates County, Judge Patrick Falvey dismissed the petition on the grounds the petitioner failed to name the co-owners as respondents in his Article 78 proceeding. The petitioner's application to build an open pavilion on a parcel of land was denied by the Zoning Board of Appeals.

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Extract

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Judge Dismisses Petitioner's Article 78 Proceeding

The Facts

The petitioner, John Cahill, applied to the Town of Milo Zoning Board of Appeals for a variance to allow him to build an open pavilion on a 72 acre land-lo...

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