Foland v. Zoning Board of Appeals

This is a proceeding to review the determination of the Zoning Board of Appeals granting a special exception as to the use of premises.

There was no adequate proof before the Zoning Board of Appeals to warrant a variance under the rules laid down in Matter of Otto v. Steinhilber (282 N. Y. 71), as reiterated in Matter of Crossroads Recreation v. Broz (4 N Y 2d 39), and there were no findings of fact indicating that the requirements had been met. Moreover, the applicants before the board were at best contract vendees and their agreement with the owner was conditional on their obtaining a change…