MATTER OF NAT'L MERRITT, INC. v. WEIST


50 A.D.2d 817 (1975)

In the Matter of National Merritt, Inc., Respondent, v. Robert Weist et al., Constituting The Zoning Board of Appeals of the Village of Briarcliff Manor, Appellants

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

December 8, 1975


Judgment reversed, on the law, without costs, determination confirmed and petition dismissed on the merits.

The determination under review is supported by substantial evidence adduced at the hearing. Special Term erred in rejecting appellants' findings that petitioner's proposed development "would create serious traffic hazards" and that "the area will be threatened by floods and severe drainage problems." In addition, Special Term erred in disregarding appellants...

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