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MATTER OF CLARK v. BD. OF ZONING APPEALS

301 N.Y. 86 (1950)

In the Matter of Susan H. Clark et al., Appellants, v. Board of Zoning Appeals of the Town of Hempstead et al., Respondents, and Richard W. Barnes, Intervener, Respondent.

Court of Appeals of the State of New York.

Decided May 25, 1950

Attorney(s) appearing for the Case

Irving H. Schafer for appellants.

George R. Brennan for respondents.

Nathaniel A. Kahn for intervener, respondent.

LOUGHRAN, Ch. J., LEWIS and FULD, JJ., concur with DESMOND, J.; DYE, J., dissents in opinion in which CONWAY, J., concurs; FROESSEL, J., taking no part.

DESMOND, J.

This proceeding was brought, under article 78 of the Civil Practice Act, to review a determination by respondent board of zoning appeals of the town of Hempstead, Nassau County, by which determination the board had granted to intervener-respondent Barnes, a variance of the town zoning ordinance, so as to permit Barnes to erect, on a lot owned by him in a "B Residence District," a building to be used...

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