Home/Appellate Division of the Supreme Court of New York/Long Island Lighting Co. v. Incorporated Village of East Rockaway

Long Island Lighting Co. v. Incorporated Village of East Rockaway

279 A.D. 926, 110 N.Y.S.2d 884, 1952 N.Y. App. Div. LEXIS 5337
Appellate Division of the Supreme Court of the State of New York·Decided March 17, 1952·Published·Cited by 9 cases

Opinion

[927]*927The board had no power to grant the application. Admittedly the petitioner could not show facts warranting the conclusion that a variance was required because of practical difficulties or unnecessary hardship. (Village Law, § 179-b; Matter of Otto v. Steinhilber, 282 N. Y. 71, 76.) Acquirement of the plot in the public interest cannot be deemed a substitute for the statutory prerequisite to a variance. (Matter of New York & Richmond Gas Co. v. Connell, 242 App. Div. 691; Matter of Hickox v. Griffin, 298 N. Y. 365, 370, 371.) Present — Nolan, P. J., Carswell, Johnston, Adel and Schmidt, JJ. [See post, p. 1023.]

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Long Island Lighting Co. v. Incorporated Village of East Rockaway, 279 A.D. 926, 110 N.Y.S.2d 884, 1952 N.Y. App. Div. LEXIS 5337 (N.Y. Ct. App. 1952).

279 A.D. 926 (Long Island Lighting Co. v. Incorporated Village of East Rockaway) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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