Article 78 appeal to review determination granting special permit dismissed
Matter of Joseph Grogan v. Gerald Wright
This Article 78 case was brought about to review a determination of the Town of Hempstead Board of Appeals granting Shawn Pobiner with a parking space variance and special permit. The petitioner appealed the judgment of the Supreme Court which denied the petition and dismissed the proceeding.
The Court feels that the Board appropriately weighed the facts set forth by law and the determination to conditionally grant the application was supported by evidence and not arbitrary and capricious. The granting of the application would not be inconsistent with the character of the surrounding neighborhood nor would it adversely affect nearby properties or the environmental conditions in the area.
Accordingly, the Supreme Court ordered the judgment affirmed, with costs.
