MATTER OF ALBUM v. ANDERSON


25 A.D.2d 481 (1966)

In the Matter of Martin Album, Respondent, v. Lennarth Anderson et al., Constituting The Zoning Board of Appeals of the City of Rochester, et al., Appellants

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

January 13, 1966


Order unanimously reversed and determination confirmed, without costs, without prejudice, however, to renewal by petitioner of his application to the Zoning Board, if petitioner is so advised.

Memorandum:

Petitioner on the hearing before the board, as Special Term recognized, submitted no proof that the land in question could not yield a reasonable return if used only in conformity with the existing zoning regulation. This is one of the three requisite elements...

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