MATTER OF DOWD v. NARDY


50 A.D.2d 889 (1975)

In the Matter of Joseph J. Dowd, Appellant, v. Robert V. Nardy et al., Constituting The Zoning Board of Appeals of the Town of Southampton, Respondents

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

December 29, 1975


Judgment reversed, on the law, without costs, and the matter is remitted to the respondent zoning board of appeals for (1) a new hearing at which it shall consider such proof as may be presented concerning whether practical difficulties exist and (2) a new determination.

In the absence of proof of "practical difficulties or unnecessary hardships" the respondent board was without power, under the subject zoning ordinance, to grant the area variance sought (cf. Matter...

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