New York Court of Appeals
In the Matter of Overhill Building Company v. Robert E. Delany, Constituting the Board of Appeals of the Village of…
May 26, 197128 N.Y.2d 449
Summary
The New York Court of Appeals reversed the lower courts' order annulling the Village Board of Appeals' denial of a variance, holding that the variance request is governed by area‑variance law, that the Board did not abuse its discretion, that self‑imposed hardship is insufficient, that the parking ordinance serves a legitimate public‑safety purpose, and that an Article 78 proceeding cannot be used to challenge the ordinance’s constitutionality.