MATTER OF DOUGLASTON CIVIC ASS'N, INC. v. KLEIN


51 N.Y.2d 963 (1980)

In the Matter of Douglaston Civic Association, Inc., et al., Appellants, v. Joseph B. Klein et al., Constituting the Board of Standards and Appeals of the City of New York, Respondents. Samuel Mindel, Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided November 18, 1980.


Attorney(s) appearing for the Case

Julius Feigenbaum for appellants.

Allen G. Schwartz, Corporation Counsel (Maureen F. Brennan and Ronald E. Sternberg of counsel), for respondents.

Joseph P. Morsellino for intervenor-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The board found and the evidence sustains the finding that the land cannot yield a reasonable return as zoned, the cost of constructing residences being more than three times the potential sales price; that the grant of a variance permitting use for a period of 15 years as enclosed tennis courts would not change or impair the character of the adjacent...

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