Legal Opinion

Douglaston Civic Ass'n v. Klein

New York Court of Appeals

Decided November 18, 1980PublishedCited by 2 opinions

1Opinion of the Court

*965OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The board found and the evidence sustains the finding that the land cannot yield a reasonable return as zoned, the cost of constructing residences being more than three times the potential sales price; that the grant of a variance permitting use for a period of 15 years as enclosed tennis courts would not change or impair the character of the adjacent properties or significantly affect traffic or pollution; and that the owner’s difficulty arises from the swampy nature of his property. Thus, the essentials…

2Cases cited3 opinions

  1. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  2. Jayne Estates, Inc. v. RaynorNew York Court of Appeals · 1968
  3. BEATRICE BLOCK CLUB ASSOC. v. FacenMichigan Court of Appeals · 1972

3Cited by2 opinions

  1. MATTER OF DOUGLASTON CIVIC ASS'N, INC. v. KleinNew York Court of Appeals · 1980
  2. Harrison v. Mayor of BatesvilleMississippi Supreme Court · 2011

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