Shea v. Sacca

45 A.D.2d 1048, 358 N.Y.S.2d 973, 1974 N.Y. App. Div. LEXIS 4315

Opinion

Judgment of the Supreme Court, Suffolk County, dated August 31, 1973, affirmed, with costs. No opinion. Hopkins, Acting P. J., Shapiro, Cohalan and Christ, JJ., concur; Benjamin, J., concurs with the following memorandum: I concur on constraint of Dauernheim, Inc. v. Town Bd. of Town of Hempstead (33 N Y 2d 468). While there may be a rational basis for the denial of a variance in this case, in my opinion, upon the physical facts of this property, zoned for residential purposes in a geographical island surrounded by industrial properties, the result is confiscatory.