Legal Opinion

D'Alessandro v. Board of Zoning & Appeals of Westbury

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

Decided November 25, 1991PublishedCited by 7 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Zoning and Appeals for the Village of Westbury dated May 9, 1989, which denied the petitioners’ application for a use variance, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Christ, J.), entered April 20, 1990, which dismissed the petition.

Ordered that the judgment is affirmed, with costs.

We find the record devoid of any proof “in dollars and cents form” of the petitioners’ inability to realize a reasonable return under existing permissible uses (see, Matter of…

2Cases cited8 opinions

  1. In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
  2. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  3. Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
  4. Village Board v. JarroldNew York Court of Appeals · 1981
  5. St. Onge v. DonovanNew York Court of Appeals · 1988

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3Cited by7 opinions

  1. Gallo v. RosellAppellate Division of the Supreme Court of the State of New York · 2008
  2. Elwood Properties, Inc. v. BohrerAppellate Division of the Supreme Court of the State of New York · 1995
  3. Crilly v. KarlAppellate Division of the Supreme Court of the State of New York · 2009
  4. King v. RonikAppellate Division of the Supreme Court of the State of New York · 1997
  5. Board of Commissioners v. Board of Zoning & AppealsAppellate Division of the Supreme Court of the State of New York · 1992

2 more not listed; retrieve them via the Exa API.

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