Home/Appellate Division of the Supreme Court of New York/Wachsberger v. Michalis

Wachsberger v. Michalis

18 A.D.2d 921, 238 N.Y.S.2d 309, 1963 N.Y. App. Div. LEXIS 4406
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 11, 1963
StatusPublished
Cited by18 cases

This text of 18 A.D.2d 921 (Wachsberger v. Michalis) 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.

Bluebook
Wachsberger v. Michalis, 18 A.D.2d 921, 238 N.Y.S.2d 309, 1963 N.Y. App. Div. LEXIS 4406 (N.Y. Ct. App. 1963).

Opinion

In a proceeding pursuant to article 78 of the Civil Practice Aet, to annul a determination of the Board of Zoning Appeals of the Town of Hempstead, which denied petitioners’ application for an area variance in the town’s zoning ordinance, the respondent board appeals from an order of the Supreme Court, Nassau County, entered June 15, 1960, which annulled the determination and directed the issuance of an appropriate variance and a building permit. Order affirmed, without costs. In our opinion, the record sustains the conclusion of Special Term as to the existence of practical difficulties. An area variance may be granted on the ground of practical difficulties alone, without a showing of unnecessary hardship (Matter of McInroy v. Grunewald, 14 A D 2d 547; Matter of Village of Bronxville v. Francis, 1 A D 2d 236, affd. 1 N Y 2d 839). The determination of the Board of Zoning [922]*922Appeals denying’ the variance was, therefore, arbitrary and capricious (cf. Matter of Hartsdale Sta. Shopping Center v. Liberman, 11 A D 2d 1073). Beldoek, P. J., Ug’hetta, Christ, Hill and Rabin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re the Decision of County of Otter Tail Board of Adjustment to Deny a Variance to Stadsvold
754 N.W.2d 323 (Supreme Court of Minnesota, 2008)
In Re Stadsvold
754 N.W.2d 323 (Supreme Court of Minnesota, 2008)
MATTER OF SASSO v. Osgood
657 N.E.2d 254 (New York Court of Appeals, 1995)
Budget Estates, Inc. v. Roth
203 A.D.2d 287 (Appellate Division of the Supreme Court of New York, 1994)
Vilardi v. Roth
192 A.D.2d 662 (Appellate Division of the Supreme Court of New York, 1993)
Karelitz v. Soraghan
851 S.W.2d 85 (Missouri Court of Appeals, 1993)
Hutchens v. St. Louis County
848 S.W.2d 616 (Missouri Court of Appeals, 1993)
Slate v. Boone County Board of Adjustment
810 S.W.2d 361 (Missouri Court of Appeals, 1991)
Taback v. Town of Woodstock Zoning Board of Appeals
134 A.D.2d 783 (Appellate Division of the Supreme Court of New York, 1987)
Welch v. Law
121 A.D.2d 808 (Appellate Division of the Supreme Court of New York, 1986)
Newman v. Zoning Board of Appeals of Yorktown
121 A.D.2d 543 (Appellate Division of the Supreme Court of New York, 1986)
Human Development Services of Port Chester, Inc. v. Zoning Board of Appeals of Village of Port Chester
110 A.D.2d 135 (Appellate Division of the Supreme Court of New York, 1985)
Juniper Homes, Inc. v. Nolte
104 A.D.2d 942 (Appellate Division of the Supreme Court of New York, 1984)
Martirano v. Zoning Board of Appeals
87 A.D.2d 820 (Appellate Division of the Supreme Court of New York, 1982)
Galin v. Board of Estimate
418 N.E.2d 673 (New York Court of Appeals, 1981)
Genesee Farms, Inc. v. Scopano
77 A.D.2d 784 (Appellate Division of the Supreme Court of New York, 1980)
Franchise Realty Interstate Corp. v. Pisaturo
75 A.D.2d 1003 (Appellate Division of the Supreme Court of New York, 1980)
Fuhst v. Foley
382 N.E.2d 756 (New York Court of Appeals, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
18 A.D.2d 921, 238 N.Y.S.2d 309, 1963 N.Y. App. Div. LEXIS 4406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wachsberger-v-michalis-nyappdiv-1963.