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POLSEN v. ROSENBERG

Case Conclusion Date: 06.03.2002

Practice Area: Land Use & Zoning

Outcome: Clients succeeded in their opposition to neighbor's application for a subdivision.

Description: A homeowner applied for variances to subdivide a substandard lot from his house. Clients were neighbors who successfully objected to the granting of the valances before the Zoning Board of Appeals. The N.Y. Supreme Court then directed issuance of variances. The Appellate Court reversed the lower court, and reinstated the denial.of the variances, holding that the denial by the Zoning Board was correct in that the homeowner failed to show that 'that the detriment to the community would outweigh the benefit' to the homeowner if variances were granted, as argued by the neighbors,

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