In the Matter of Crossroads Recreation, Inc., Appellants, Against Frank P. Broz, Constituting the…

Summary

The New York Court of Appeals affirmed the Appellate Division's denial of a variance to enlarge a nonconforming gasoline station, holding that the petitioners failed to demonstrate the required hardship of a reasonable return. The majority emphasized the lack of financial evidence and rejected arguments that beautification or comparable permits to others created an arbitrary denial. Justice Van Voorhis dissented, arguing that the denial confiscated a protected nonconforming use and should be reversed.