The approval here in question was not granted on the ground of practical difficulties or unnecessary hardships, and although no other standard has been laid down, by legislation, for the exercise of power purported to be given to the board by the zoning ordinance of the town, we may not pass upon the constitutionality of that portion of the ordinance which purports to grant such power in view of the fact that that objection was not raised at Special Term. (Matter of Thomas...
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