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Point Lookout Civic Ass'n v. Board of Zoning Appeals

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 579 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the Supreme Court, Nassau County (DiNoto, J.).


Ordered that the judgment is affirmed, with costs.

The respondent property owners submitted evidence establishing that if their applications were denied they would suffer substantial economic hardship (see, Matter of Cowan v Kern, 41 N.Y.2d 591). Moreover, the expert presented by the respondent property owners and the petitioners' expert who testified at the hearing were in agreement that the construction of an additional house would not adversely affect the public health, safety, morals or general welfare of the community (see, Matter of National Merritt v Weist, 41 N.Y.2d 438). Thus, even though the hardship suffered by the respondent property owners was self-imposed, the Board was justified in granting the variances (see, Matter of National Merritt v Weist, supra; Matter of Cowan v Kern, supra).

We have examined the petitioners' remaining contentions and find them to be without merit. Kunzeman, J.P., Rubin, Spatt and Balletta, JJ., concur.


Summaries of

Point Lookout Civic Ass'n v. Board of Zoning Appeals

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 579 (N.Y. App. Div. 1989)
Case details for

Point Lookout Civic Ass'n v. Board of Zoning Appeals

Case Details

Full title:In the Matter of POINT LOOKOUT CIVIC ASSOCIATION et al., Appellants, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1989

Citations

150 A.D.2d 579 (N.Y. App. Div. 1989)
541 N.Y.S.2d 841