MATTER OF LONG ISLAND LIGHTING CO. v. CITY OF LONG BEACH


280 A.D. 823 (1952)

In the Matter of Long Island Lighting Company, Respondent, v. City of Long Beach et al., Appellants, and Benjamin Hochman, Intervener, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1952.


In the light of the other uses freely permitted in the business use district and the adjacency of a garage and the absence of any proof showing an injurious effect by virtue of the slight hum from the transformer, the denial by the board of its approval in accordance with the zoning ordinance was unwarranted. (Matter of Long Is. Lighting Co. v. Griffin, 272 App. Div. 551.) The ordinance contemplates the use, and this is not an application for a variance based on unnecessary...

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