Taxpayers' Ass'n of South East Oceanside v. Board of Zoning Appeals
This text of 276 A.D.2d 982 (Taxpayers' Ass'n of South East Oceanside v. Board of Zoning Appeals) 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
JSTo opinion. Carswell, Acting P. J., Johnston, Adel and Sneed, JJ., concur; Wenzel, J., dissents and votes to reverse the order and to annul the determination of the board, with the following memorandum: The respondents’ proof failed to meet even one of the classic requirements in that it failed to show: (1) That the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is due to unique circumstances; and (3) that the use sought will not alter the essential character of the neighborhood. (Matter of Otto v. Steinhilber, 282 N. Y. 71, 76.)
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276 A.D.2d 982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taxpayers-assn-of-south-east-oceanside-v-board-of-zoning-appeals-nyappdiv-1950.