Long Island Lighting Co. v. Incorporated Village of East Rockaway
This text of 279 A.D. 926 (Long Island Lighting Co. v. Incorporated Village of East Rockaway) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
279 A.D. 926, 110 N.Y.S.2d 884, 1952 N.Y. App. Div. LEXIS 5337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-island-lighting-co-v-incorporated-village-of-east-rockaway-nyappdiv-1952.