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Universal Square, Ltd. v. Tell

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 749 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

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


Ordered that the judgment is affirmed insofar as appealed from, with costs.

The petitioners contend that the determination of the Zoning Board of Appeals was not based on substantial evidence. We disagree. It is well settled that a zoning board determination should not be set aside unless there is a showing of illegality, arbitrariness, or abuse of discretion. It is also well settled that it is incumbent on an applicant for an area variance to demonstrate that strict compliance with the zoning ordinance will result in practical difficulties (see, Matter of Fuhst v Foley, 45 N.Y.2d 441, 444; Human Dev. Servs. v Zoning Bd. of Appeals, 110 A.D.2d 135, 139-140). In the case at bar, the petitioners adduced no evidence as to the market value of the property as zoned, without a variance. Hence, there was no proof of significant economic injury which is one of the factors to be considered in determining whether practical difficulties exist (see, Human Dev. Servs. v Zoning Bd. of Appeals, supra). Thompson, J.P., Kunzeman, Sullivan and Rosenblatt, JJ., concur.


Summaries of

Universal Square, Ltd. v. Tell

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 749 (N.Y. App. Div. 1991)
Case details for

Universal Square, Ltd. v. Tell

Case Details

Full title:In the Matter of UNIVERSAL SQUARE, LTD., et al., Appellants, v. STEVEN…

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 749 (N.Y. App. Div. 1991)
567 N.Y.S.2d 306