MATTER OF SAYERS v. WESSBERG


117 A.D.2d 810 (1986)

In the Matter of Theodore Sayers, Respondent, v. Kenneth Wessberg, as Chairman of The Zoning Board of Appeals of the Village of East Hampton, et al., Appellants

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

February 24, 1986


Judgment reversed, on the law, with costs, determination confirmed, and proceeding dismissed on the merits.

Our review of the record indicates that the Board's denial of the variance had a rational basis. Thus, Special Term erred when it substituted its judgment for that of the Board and reversed the Board's determination. It is well established "that local zoning boards have discretion in considering applications for variances and the judicial function is a limited...

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