Matter of Hickox v. Griffin
New York Court of Appeals
I. The Board of Appeals has no original on an application for a variance. (Matter of Mamaroneck Commodore, Inc., v. Bayly, 233 App. Div. 741, 260 N. Y. 528; Dotvsey y. Village of Kensington, 257 N. Y. 221; Matter of Von Elm v. Zoning Bd. of Appeals of Hempstead, 258 App. Div. 989; Kaufman v. City of Glen Cove, 180 Mise. 349, 266 App. Div, 870; Matter of Thomas v. Board of Standards & Appeals, 290 N. Y. 109; Matter of Sanders v. Davidson, 258 App.
Read the full summary
I. The Board of Appeals has no original on an application for a variance. (Matter of Mamaroneck Commodore, Inc., v. Bayly, 233 App. Div. 741, 260 N. Y. 528; Dotvsey y. Village of Kensington, 257 N. Y. 221; Matter of Von Elm v. Zoning Bd. of Appeals of Hempstead, 258 App. Div. 989; Kaufman v. City of Glen Cove, 180 Mise. 349, 266 App. Div, 870; Matter of Thomas v. Board of Standards & Appeals, 290 N. Y. 109; Matter of Sanders v. Davidson, 258 App. Div. 1058, 284 N. Y. 780; Sun Oil Go. v. MacAuley, R. I. 206.) II. In any event the board of appeals exceeded its statutory power by attempting to…
1Opinion of the Court
LoughbaN, Ch. J.
The Board of Appeals of the Town of Oyster Bay is empowered to vary or modify the application of the town zoning ordinance where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter thereof. (See Town Law, § 267; Zoning Ordinance of Town of Oyster Bay, § 18, subd. B.) This case presents questions as to the scope and meaning of the phrase “ unnecessary hardships ”, as that phrase is used in legislative provisions of the type that have just been cited. (Of. General City Law, § 81.)
On May 14, 1947, Long Island University entered…
2Cases cited4 opinions
- Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
- Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
- Young Women's Hebrew Ass'n v. Board of Standards & AppealsNew York Court of Appeals · 1935
- Matter of Thomas v. Board of Standards AppealsNew York Court of Appeals · 1943
3Cited by60 opinions
- Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954
- Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
- Concordia Collegiate Institute v. MillerNew York Court of Appeals · 1950
- Wignall v. FletcherNew York Court of Appeals · 1952
- Marino v. Mayor of BaltimoreCourt of Appeals of Maryland · 1979
55 more not listed; retrieve them via the Exa API.