Rubel Corp. v. Murdock

The board of standards and appeals denied the petitioner’s application, under the Building Zone Resolution, for an order permitting it to erect and maintain, on the ground of unnecessary hardship, a gasoline station in a business district. The official referee to whom the matter was referred reported for the annulment of the board’s determination. The Special Term confirmed the report, declared the determination null and void and directed the issuance of a permit. From that order the board appeals.(1) The hearing before the board disclosed a conflict of fact on the issue of unnecessary…