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Taxpayers' Ass'n of South East Oceanside v. Board of Zoning Appeals

276 A.D.2d 982 Court N.Y. App. Div. Decision date 1950-02-27 English

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p. 982
In the Matter of Taxpayers’ Association of South East Oceanside et al., Appellants, et al., Petitioners, against Board of Zoning Appeals of the Town of Hempstead et al., Respondents, and Robert H. Telzerow, Intervener, Respondent.

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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