CONLEY v. TOWN OF BROOKHAVEN ZONING BD. OF APPEALS


49 A.D.2d 567 (1975)

Raymond Conley et al., Appellants, v. Town of Brookhaven Zoning Board of Appeals et al., Respondents

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

July 7, 1975


Judgment affirmed, with costs.

No opinion.

Hopkins, Acting P. J., and Munder, J., dissent and vote to reverse the judgment and grant the petition, with the following memorandum:

In our opinion, the granting of the area variances by respondent zoning board of appeals should be annulled because of a failure to prove the required practical difficulty. Without such proof, the board's determination is not supported by substantial evidence. The record shows...

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