In the Matter of Edmund H. Fulling, Appellants v. Joseph L. Palumbo, as Building Inspector of the Village of…

Summary

The New York Court of Appeals held that the Zoning Board of Appeals abused its discretion in denying an area variance and that the zoning ordinance, as applied, was unconstitutional because no legitimate public purpose was shown; the order was reversed and the case remanded for further proceedings. Justice Breitel dissented, arguing the board's discretion should be upheld.