Gregory v. Town of Cambria

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Under Town Law § 267 (5) an area variance may be granted on a showing of practical difficulty (Matter of Fuhst v Foley, 45 NY2d 441; Matter of Cowan v Kern, 41 NY2d 591; Conley v Town of Brookhaven Zoning Bd. of Appeals, 40 NY2d 309). We agree with the Appellate Division that the evidence before the Zoning Board of Appeals was sufficient to establish practical difficulty.

We also agree with the Appellate Division that to the extent that the town ordinance requires proof of hardship for an area…