MATTER OF ROMANELLI v. BONVOULOIR


102 A.D.2d 872 (1984)

In the Matter of Albert Romanelli, Appellant, v. Raoul Bonvouloir et al., Respondents. Armand Ninnie, Doing Business as Central Construction Co., Intervenor-Respondent

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

June 18, 1984


¶ Judgment reversed, on the law, with costs, petition granted and determination granting intervenor a use variance annulled, and application denied.

¶ In order to obtain a use variance, there must be a showing that (1) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (2) the plight of the owner is due to unique circumstances rather than general conditions in the neighborhood; and (3) the requested variance...

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