Legal Opinion

People ex rel. Arverne Bay Construction Co. v. Murdock

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1936PublishedCited by 7 opinions

1Opinion of the Court

Order sustaining certiorari order, annulling the determination of the board of standards and appeals and granting application for a variance reversed on the law and the facts, with costs, certiorari proceeding dismissed, and the determination of the board reinstated and confirmed. In our opinion, it was not only within the discretion of the board but in fact incumbent upon it to refuse to grant a variance in a zone restricted to residences where the intention in creating the zone was manifestly to develop it along residential lines 1 y reason of its proximity to a boulevard and, further,…

2Cases cited1 opinion

  1. Matter of Levy v. Bd. of Standards AppealsNew York Court of Appeals · 1935

3Cited by7 opinions

  1. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  2. Clark v. Board of Zoning Appeals of the HempsteadNew York Court of Appeals · 1950
  3. Thomas v. Board of Standards & AppealsAppellate Division of the Supreme Court of the State of New York · 1942
  4. State Ex Rel. Killeen Realty Co. v. East ClevelandOhio Court of Appeals · 1958
  5. Halpert v. MurdockAppellate Division of the Supreme Court of the State of New York · 1936

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