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MATTER OF BOBROWSKI v. FERIOLA

2 A.D.2d 708 (1956)

In the Matter of Anna Bobrowski et al., Petitioners, v. Ralph Feriola et al., Constituting The Board of Appeals under the City of Yonkers Zoning Ordinance of 1953, Respondents, and Dellwood Dairy Company, Inc., Intervenor-Respondent

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

June 25, 1956

Determination annulled, with $10 costs and disbursements to petitioners.

The doctrine that one who "knowingly acquires land for a prohibited use, cannot thereafter have a variance on the ground of `special hardship'" (Matter of Clark v. Board of Zoning Appeals, 301 N.Y. 86, 89), which was applied in the cited case and also in People ex rel. Fordham M. R. Church v. Walsh (244 N...

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