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  5. 164 A.D.2d 968 (1990)
 

MATTER OF RYAN v. MILLER

164 A.D.2d 968 (1990)

In the Matter of Edward F. Ryan et al., Petitioners, and DeWitt-Aero Manufacturing Corp., Intervenor-Petitioner, v. Russell Miller et al., Constituting The Town of Geddes Zoning Board of Appeals, Respondents

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

August 10, 1990

Determination unanimously confirmed without costs and petition dismissed.

Memorandum:

Because petitioners failed to establish unnecessary hardship, the Zoning Board's determination denying the request for a use variance was proper. Petitioners' expert opined that the owners would realize a 5.7% return on the sale of the property for a permitted use, whereas they could realize a 10% to 11% return on other conservative investments. However, the owners of the...

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