(Download) "Matter Courtesy Estates v. William H. Schermerhorn Et Al." by Supreme Court of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: Matter Courtesy Estates v. William H. Schermerhorn Et Al.
- Author : Supreme Court of New York
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
[51 A.D.2d 966 Page 966] In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Zoning Board of Appeals, dated December 10, 1974 and made after a hearing, which denied petitioner's application for a variance, the appeal is from a judgment of the Supreme Court, Suffolk County, dated March 20, 1975, which (1) granted the petition and (2) ordered the Zoning Board of Appeals to direct that the Director of the Department of Building and Housing issue the building permit applied for. Judgment reversed, on the law, and petition dismissed on the merits, without costs or disbursements. No fact questions were presented on this appeal. Petitioner sought an area variance for Lots Nos. 2960 and 2961, which together total 5,000 square feet, but which, since 1952, have been in a zoning district with a minimum lot requirement of 7,500 square feet. The lots (together with Lot No. 2959) were owned by the same individual for a period of almost 10 years (1956-1966). Due to the failure to pay real estate taxes, the three lots were sold at public auction by the County of Suffolk to satisfy the tax liens. On December 13, 1966, the County Treasurer deeded Lots Nos. 2960 and 2961, which comprise a substandard parcel, to a corporation which conveyed them to petitioner on December 18, 1973. On January 10, 1966, Lot No. 2959 was deeded by the County Treasurer to a third party. Petitioner's application was twice presented to the Zoning Board of Appeals and each time was denied. On review of the second denial, Special Term granted the petition and annulled the determination. We disagree. In our view the determination of the respondent board was neither arbitrary nor capricious. While it [51 A.D.2d 966 Page 967]