New York Court of Appeals, 1953

Long Island Lighting Co. v. Incorporated Village of East Rockaway

Long Island Lighting Co. v. Incorporated Village of East Rockaway
New York Court of Appeals · Decided May 28, 1953
305 N.Y. 738; 112 N.E.2d 851; 1953 N.Y. LEXIS 1268

Long Island Lighting Co. v. Incorporated Village of East Rockaway

Opinion of the Court

Motion for reargument denied, with $10 costs and necessary printing disbursements. A variance was properly refused {Matter of Otto v. Steinhilber, 282 N. Y. 71). The ordinance could not be declared invalid by the Court of Appeals since, on this record, it could not be said as matter of law that location of a substation at the proposed site rather than in the nearby industrial district was necessary for the rendition of safe, adequate and reasonable service. [See 304 N. Y. 932.]

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