IACOBELLI v. CITY OF RYE


64 A.D.2d 888 (1978)

Michael Iacobelli et al., Respondents, v. City of Rye et al., Appellants

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

August 7, 1978


Judgment modified, on the law, by deleting the first, third and fourth decretal paragraphs thereof. As so modified, judgment affirmed, without costs or disbursements, and matter remanded to the board of appeals for a further hearing and new determination consistent herewith. In order for an applicant to be granted a variance based on unnecessary hardship, he must establish (1) that the land in question cannot yield a reasonable return if used only for a purpose allowed in...

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