FAYETTEVILLE v. JARROLD


53 N.Y.2d 254 (1981)

In the Matter of the Village Board of the Village of Fayetteville, Respondent, v. Richard Jarrold et al., Constituting the Zoning Board of Appeals of the Village of Fayetteville, Appellants, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 16, 1981.


Attorney(s) appearing for the Case

John C. Setright for appellants.

James F. Dwyer for Village Board of Village of Fayetteville, respondent.

Judges JASEN, GABRIELLI and FUCHSBERG concur with Chief Judge COOKE; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judges JONES and MEYER concur.


Chief Judge COOKE.

Dispositive on this appeal is the well-established rule that a landowner who seeks a use variance must demonstrate factually, by dollars and cents proof, an inability to realize a reasonable return under existing permissible uses. Without such evidence, a grant of a use variance by a zoning board is not justified.

Respondent, Ronald Cosser, applied to the Zoning Board of Appeals of...

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