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MATTER OF STRAUB v. GUSTAFSON

148 A.D.2d 541 (1989)

In the Matter of Maureen Straub, Respondent, v. John Gustafson et al., Constituting The Village Board of the Incorporated Village of Lake Grove, Appellants

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

March 13, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

We find that the denial of an area variance to the petitioner was arbitrary and capricious and served to deprive her of any use of the property (see, Matter of Fulling v Palumbo, 21 N.Y.2d 30). We note, moreover, that the Village Board failed to demonstrate that a legitimate public interest would be fostered by the denial of the application for...

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