Appellate Division of the Supreme Court of New York, 1929

In re Willams

In re Willams
Appellate Division of the Supreme Court of New York · Decided December 15, 1929
228 A.D. 668
In re Willams

Opinion of the Court

Order, in so far as it grants motion for an alternative mandamus order, affirmed, with ten dollars costs and disbursements. (Matter of Isenbarth v. Bartnett, 206 App. Div. 546; affd., 237 N. Y. 617.) Lazansky, P. J., Young, Hagarty and Carswell, JJ., concur; Kapper, J., dissents, being of opinion that the remedy of the petitioner is by application for a variance upon the ground of practical difficulty or unnecessary hardship, and that an alternative mandamus order, if granted, substitutes a jury in lieu of the authorities appointed by the Legislature to establish zones under the Zoning Laws.

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