MATTER OF CITIES SERV. OIL CO. v. SACCA


54 A.D.2d 981 (1976)

In the Matter of Cities Service Oil Company, Respondent, v. Anthony J. Sacca et al., Constituting The Zoning Board of Appeals of the Town of Huntington, Appellants

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

November 29, 1976


Judgment reversed, on the law, with costs, determinations confirmed, and petition dismissed on the merits.

In Matter of Otto v Steinhilber (282 N.Y. 71, 76), the Court of Appeals held: "Before the Board may exercise its discretion and grant a variance upon the ground of unnecessary hardship, the record must show that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) that the plight of the owner is...

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