MATTER OF ORCHARD MICHAEL, INC. v. FALCON


65 N.Y.2d 1007 (1985)

In the Matter of Orchard Michael, Inc., Appellant, v. Eileen Falcon et al., Constituting the Zoning Board of Appeals of the Town of Orchard Park, et al., Respondents.

Court of Appeals of the State of New York.

Decided September 10, 1985.


Attorney(s) appearing for the Case

Richard T. Sullivan for appellant.

J. Michael Wolf for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

In this article 78 proceeding to annul a determination denying petitioner's request for an area variance, the order of the Appellate Division should be affirmed, with costs. We agree that petitioner failed to establish practical difficulty, and that petitioner's proof of a 10% reduction in sales in one year was an insufficient showing of "significant economic injury." The conclusion of the Zoning Board of Appeals...

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