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Matter of Ryan v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 10, 1990
164 A.D.2d 968 (N.Y. App. Div. 1990)

Opinion

August 10, 1990

Appeal from the Supreme Court, Onondaga County, Mordue, J.

Present — Dillon, P.J., Doerr, Boomer, Lawton and Davis, JJ.


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 property must establish that they could not realize a reasonable return, and the fact that they cannot put the property to its most profitable use is immaterial (see, Williams v Town of Oyster Bay, 32 N.Y.2d 78, 81-82). Moreover, petitioners failed to demonstrate that the property could not be sold for a permitted use because no evidence was presented concerning what efforts were made to sell the property (see, Matter of Forrest v Evershed, 7 N.Y.2d 256, 262).


Summaries of

Matter of Ryan v. Miller

Appellate Division of the Supreme Court of New York, Fourth Department
Aug 10, 1990
164 A.D.2d 968 (N.Y. App. Div. 1990)
Case details for

Matter of Ryan v. Miller

Case Details

Full title:In the Matter of EDWARD F. RYAN et al., Petitioners, and DeWITT-AERO…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Aug 10, 1990

Citations

164 A.D.2d 968 (N.Y. App. Div. 1990)
559 N.Y.S.2d 414

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