Legal Opinion
Miller Family Ltd. Partnership v. Trotta
Appellate Division of the Supreme Court of the State of New York
Decided November 7, 2005PublishedCited by 3 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Zoning Appeals of the Town of Brookhaven, dated November 14, 2003, which, after a hearing, denied the petitioner’s application for a use variance, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Werner, J), entered July 6, 2004, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
To qualify for a use variance premised upon unnecessary hardship there must be a showing that (1) the property cannot yield a reasonable return if…
2Cases cited7 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Village Board v. JarroldNew York Court of Appeals · 1981
- Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
- Carriage Works Enterprises, Ltd. v. SiegelAppellate Division of the Supreme Court of the State of New York · 1986
- Elwood Properties, Inc. v. BohrerAppellate Division of the Supreme Court of the State of New York · 1995
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Westbury Laundromat, Inc. v. MamminaAppellate Division of the Supreme Court of the State of New York · 2009
- 194 Main, Inc. v. Board of Zoning AppealsAppellate Division of the Supreme Court of the State of New York · 2010
- Edwards v. DavisonAppellate Division of the Supreme Court of the State of New York · 2012