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Matter of Straub v. Gustafson

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 541 (N.Y. App. Div. 1989)

Opinion

March 13, 1989

Appeal from the Supreme Court, Suffolk County (McCarthy, J.).


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 an area variance (see, Human Dev. Servs. v. Zoning Bd. of Appeals, 110 A.D.2d 135, affd 67 N.Y.2d 702). Accordingly, the judgment appealed from is affirmed. Mollen, P.J., Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

Matter of Straub v. Gustafson

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1989
148 A.D.2d 541 (N.Y. App. Div. 1989)
Case details for

Matter of Straub v. Gustafson

Case Details

Full title:In the Matter of MAUREEN STRAUB, Respondent, v. JOHN GUSTAFSON et al.…

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

Date published: Mar 13, 1989

Citations

148 A.D.2d 541 (N.Y. App. Div. 1989)
538 N.Y.S.2d 871

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