Koschuk v. Kleinfelder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly denied the petition seeking to annul respondents’ determination denying an area variance (see, Town Law § 267-c [1]). Petitioner failed to present “dollars and cents” proof in support of his contention that the denial of the variance amounted to a confiscatory taking (see, Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344, 352, rearg denied 87 NY2d 1056). Petitioner’s contention that literal application of the zoning regulations results in a practical difficulty or unnecessary hardship “is not raised in the…
2Cases cited5 opinions
- MATTER OF SASSO v. OsgoodNew York Court of Appeals · 1995
- Khan v. Zoning Board of AppealsNew York Court of Appeals · 1996
- Gregory v. Town of CambriaNew York Court of Appeals · 1986
- Kemp v. Erie County Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1999
- Sinclair v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
3Cited by2 opinions
- Murtaugh v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2007
- Palin v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2003