MATTER OF BLUMBERG v. SIEGEL


87 A.D.2d 650 (1982)

In the Matter of Barbara S. Blumberg et al., Appellants, v. Harry J. Siegel et al., Constituting The Board of Zoning Appeals of the Town of North Hempstead, et al., Respondents

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

March 29, 1982


Judgment reversed, on the law, without costs or disbursements, and petition granted to the extent that the determination is annulled and the matter is remitted to the respondent zoning board for further proceedings consistent herewith.

In order for an applicant to be granted a use variance based on unnecessary hardship, he must establish (1) that the land in question cannot yield a reasonable return if used for any of the purposes allowed in that zone, (2) that his...

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