Hattem v. Silver

This article 78 proceeding is remanded to the Board of Appeals of the City of Long Beach for further proceedings.

The decision of the board sets forth no facts relied upon to sustain its determination and the granting of variances. Mere vague statements with such words as “health”, “safety”, “morals”, “general welfare ”, “practical difficulties and unnecessary hardships ” merely repeat legal statements or conclusions ; they are not findings of fact upon which the board’s determination is based. “ It is elemental * * * that before the board may grant a variance, the record must disclose some…