Hickox v. Griffin

Lewis, P. J.,

dissents and votes to annul the determination and to deny the application, with the following memorandum: The claim of unnecessary hardship as a ground for a variance is not available to respondent university, which has merely a conditional contract to purchase the property and had knowledge of the existence of the zoning regulations. Wenzel, J., dissents and votes to annul the determination and to deny the application, with the following memorandum: Respondent board of appeals did have original jurisdiction to grant the application for the variance in the light of the reference…