MATTER OF DUEGER v. ZONING BD. OF APPEALS OF THE INC. VILL. OF LLOYD HARBOR


96 A.D.2d 905 (1983)

In the Matter of L. Edward Dueger et al., Respondents, v. Zoning Board of Appeals of the Incorporated Village of Lloyd Harbor, Appellant

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

August 22, 1983


Judgment reversed, on the law, without costs or disbursements, determination confirmed and proceeding dismissed on the merits.

Although a grant of the variance in issue here would have constituted an appropriate exercise of discretion by the zoning board of appeals, we cannot say that on this record the board's denial of the variance was arbitrary, capricious or unsupported by substantial evidence. Indeed, the primary practical difficulty relied on by the petitioners...

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