New York Court of Appeals
In the Matter of Edmund H. Fulling, Appellants v. Joseph L. Palumbo, as Building Inspector of the Village of…
December 7, 196721 N.Y.2d 30
Summary
The Court of Appeals reversed the Special Term's denial of an area variance, holding that the Zoning Board abused its discretion and that the zoning ordinance, as applied, was unconstitutional because it lacked a demonstrated public benefit; the case was remanded for further proceedings. Justice Breitel dissented, arguing the board's discretion should be upheld.