Yorkdale Corp. v. Powell

*134Prescott, J.,

filed the following dissenting opinion, in which HornEy and Marbury, JJ., concurred.

I find myself in complete accord with the majority as to the law which controls the decision herein (although not in full agreement as to the manner in which all of the law mentioned therein is expressed); but, it frequently occurs that the proper application thereof is as difficult as determining the applicable law.

It must be borne in mind that the single question involved is the granting of a density variance, and the case turns entirely upon presumptions and rules of statutory construction; and…