Wachsberger v. Michalis

In a proceeding pursuant to article 78 of the Civil Practice Aet, to annul a determination of the Board of Zoning Appeals of the Town of Hempstead, which denied petitioners’ application for an area variance in the town’s zoning ordinance, the respondent board appeals from an order of the Supreme Court, Nassau County, entered June 15, 1960, which annulled the determination and directed the issuance of an appropriate variance and a building permit. Order affirmed, without costs. In our opinion, the record sustains the conclusion of Special Term as to the existence of practical difficulties. An…