Lemir Realty Corp. v. Larkin

Burke, J. (dissenting).

We dissent and vote to reverse and remit to Special Term for a hearing. The Town Board has given neither evidence to support its reasons for denying the applications, nor have such reasons been shown to relate to the public health,- safety or welfare under the particular circumstances of this case.

The issue, as we see it, is not judicial interposition but whether the review of administrative determinations, espoused by the majority, is possible on the record presented to us. We think not.

The facts assigned by the town as those on which its determination was based do not…