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VAN DEUSEN v. JACKSON

35 A.D.2d 58 (1970)

Helen Van Deusen et al., Appellants, v. Raymond S. Jackson et al., Constituting The Board of Zoning Appeals, Town of Southampton, Respondents

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

July 13, 1970.

Attorney(s) appearing for the Case

Shanley & McKegney (Osborne A. McKegney of counsel), for appellants.

Eugene R. Francolini for respondents.

CHRIST, P. J., and BRENNAN, J., concur with HOPKINS, J.; MUNDER, J., dissents in an opinion, in which RABIN, J., concurs.

HOPKINS, J.

The appellants are the owners of land adjacent to 7.365 acres owned by Anthony Froelich in the Town of Southampton. Froelich applied in 1969 to the respondents (constituting the Board of Zoning Appeals) for a variance of the zoning ordinance as it affected his property.

As reasons for the variance he represented that he had filed a subdivision map in 1962, at which time the property was located...

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