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MATTER OF WILCOX v. ZONING BD. OF APPEALS OF THE CITY OF YONKERS

24 A.D.2d 513 (1965)

In the Matter of Elizabeth K. Wilcox et al., Appellants, v. Zoning Board of Appeals of the City of Yonkers, Respondent, and Westview Towers Corp., Intervenor-Respondent In the Matter of James J. O'Donnell, Appellant, v. Zoning Board of Appeals of the City of Yonkers, Respondent, and Westview Towers Corp., Intervenor-Respondent In the Matter of John E. Flynn et al., Appellants, v. Ralph B. Feriola et al., Constituting The Zoning Board of Appeals of the City of Yonkers, Respondents, and Westview Towers Corp., Intervenor-Respondent

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

June 28, 1965

Judgment reversed on the law and the facts, without costs, and the proceedings remitted to the respondent Zoning Board of Appeals of the City of Yonkers: (1) for the purpose of taking further proof with respect to (a) whether a reasonable return can be obtained from a use of the land for any purpose allowed in the zone in which it is located; and (b) whether the plight of the owner is due to unique circumstances and not to general conditions in the neighborhood, including...

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