Legal Opinion · Concurrence

Dittmer v. Scheyer

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1980Published

1ConcurrenceLazer, J.

I concur in the affirmance of the judgment, but for reasons which differ somewhat from those stated by my colleagues. The petitioner in this article 78 proceeding purchased a substandard vacant lot in a tax foreclosure sale in 1965. The lot, lying in a Residence A district of the Town of Islip, is 50 feet in width and has a square footage area of 2,393 feet. In a Residence A district the minimum building lot area is 11,250 square feet. The Islip

*829zoning ordinance contains various provisions relevant to lots held in single and separate ownership. The seminal section reads as follows: "§68-81 C.…

2Cases cited6 opinions

  1. Wachsberger v. MichalisNew York Supreme Court · 1959
  2. Wilcox v. Zoning Board of AppealsNew York Court of Appeals · 1966
  3. In re Courtesy Estates, Inc. v. SchermerhornAppellate Division of the Supreme Court of the State of New York · 1976
  4. Sofo v. EganAppellate Division of the Supreme Court of the State of New York · 1977
  5. Zulkofske v. Board of Zoning Appeals of the Inc. Village of MuttontownAppellate Division of the Supreme Court of the State of New York · 1978

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