Britt v. Zoning Board of Appeals of Grand Island

124 A.D.2d 987 Court N.Y. App. Div. Decision date 1986-11-10 English

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p. 987

Michael J. Britt et al., Respondents, v Zoning Board of Appeals of the Town of Grand Island et al., Appellants.

Memorandum: We add only that, inasmuch as respondent has no authority over construction on navigable waters of the State, it is anomalous to order it to issue a building permit. (Appeal from judgment of Supreme Court, Erie County, Doyle, J. — art 78.) Present — Denman, J. P., Boomer, Green, Pine and Balio, JJ.