Long Island Lighting Co. v. Voehl

Edward Robinsoít, Je., J.

This is a proceeding under article 78 of the Civil Practice Act wherein the petitioner seeks a review of a determination by the respondents denying a permit to erect an electric substation within the Village of Cedarhurst. The property in question is located on Central Avenue and lies in a business zone as set forth in the ordinances of the village. Subdivision (g) of section 120 of the ordinances provides that the Board of Appeals may permit any public utility in a restricted zone.

Three hearings were held in the matter by the respondents at which extensive testimony…