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 for Crossroads Recreation, Inc., holding that the petitioners failed to prove the required hardship of a reasonable return on the nonconforming gasoline station use. The court also noted that the Board's decision was not arbitrary and that beautification or similar permits elsewhere were irrelevant. Justice Van Voobhis dissented, arguing that the denial unlawfully confiscated a protected nonconforming use.