MATTER OF WILLITS v. SCHOEPFLIN


23 A.D.2d 868 (1965)

In the Matter of Frederick E. Willits et al., Appellants, v. Ray H. Schoepflin et al., Constituting The Board of Zoning Appeals of the Town of Oyster Bay, et al., Respondents

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

May 10, 1965


Appeal from original judgment dismissed as academic, without costs; that judgment was superseded by the later judgment (or order) made on reargument. Judgment (order) made on reargument, affirmed, with $10 costs and disbursements.

In our opinion the Zoning Ordinance of the Town of Oyster Bay (art. XVI, § 1, subd. A) gives the Board of Appeals discretionary power to grant an area variance on the ground of practical difficulty "so that the spirit of the ordinance...

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