In the Matter of Consolidated Edison Company of New York, Inc., Respondent v. Walter Hoffman, Constituting…

Summary

The New York Court of Appeals affirmed the Appellate Division's order, holding that the Buchanan Zoning Board of Appeals abused its discretion by arbitrarily denying Consolidated Edison’s variance for a cooling‑tower, and that a public utility seeking a use variance need only show public necessity and unnecessary hardship, a reduced burden compared to ordinary applicants.