In the Matter of Marcel St. Onge et al., Appellants,
v.
Jean Donovan, as Chairperson of the Town of Colonie Zoning Board of Appeals, et al., Respondents.
In the Matter of Daniel Driesbaugh, Respondent,
v.
Joseph Gagnon et al., Constituting the Town of Fenton Zoning Board of Appeals, Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 2, 1988.
Decided March 31, 1988.
Attorney(s) appearing for the Case
Arnold W. Proskin and Peter M. Fitzner for appellants in the first above-entitled proceeding.
Susan Marie Tatro, Town Attorney (Joyce C. Tarantino of counsel), for respondents in the first above-entitled proceeding.
Albert J. Millus, Jr., for appellants in the second above-entitled proceeding.
Holly A. Nelson for respondent in the second above-entitled proceeding.
Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge TITONE taking no part.
Court of Appeals of the State of New York.
ALEXANDER, J.
In Matter of Dexter v Town Bd. (36 N.Y.2d 102), we held that conditions imposed on the grant of a variance must relate only to the use of the property that is the subject of the variance without regard to the person who owns or occupies that property. This fundamental principle was violated by the local zoning board in each case. Consequently, the order...
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