MATTER OF FRISHMAN v. SCHMIDT


61 N.Y.2d 823 (1984)

In the Matter of Jack J. Frishman, Appellant, v. Robert Schmidt et al., Constituting the Zoning Board of Appeals of the Town of North Castle, Respondents.

Court of Appeals of the State of New York.

Decided February 16, 1984.


Attorney(s) appearing for the Case

Alfred D. Fredericks for appellant.

Joseph J. Buderwitz, Jr., for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The rule that a zoning ordinance is to be strictly construed in favor of the property owner (see Matter of Allen v Adami, 39 N.Y.2d 275, 277) is subject to the limitation that where it is difficult or impractical for a legislative body to lay down a rule which is both definitive and all-encompassing...

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