What is the test for reasonable return in a variance case?

"New York", United States of America

The following excerpt is from Jayne Estates, Inc. v. Raynor, 22 N.Y.2d 417, 239 N.E.2d 713, 293 N.Y.S.2d 75 (N.Y. 1968):

[239 N.E.2d 717] In Matter of Crossroads Recreation v. Broz (4 N.Y.2d 39, p. 46, 172 N.Y.S.2d 129, p. 134, 149 N.E.2d 65, p. 68), the test of 'reasonable return' in a use variance case was set forth in the following language: 'The only pertinent inquiry is whether the present allowed use is yielding a Reasonable return. That it may not be the Most profitable use is immaterial' (emphasis in original). (See, also, Matter of Forrest v. Evershed, 7 N.Y.2d 256, 196 N.Y.S.2d 958, 164 N.E.2d 841.)

Page 81

Other Questions


If there is an error in the finding that a defendant is not guilty beyond a reasonable doubt on the basis of reasonable doubt, is that error harmless beyond reasonable doubt? (MultiRegion, United States of America)
Is there any case law or case law supporting the argument that a person with a profile similar to that of the applicant in Vietnam should not be returned to that country? (Canada (Federal), Canada)
Is there any case law where a defendant has been found guilty by reason of bias beyond a reasonable doubt? (MultiRegion, United States of America)
Does a court have to reasonably determine that a defendant has not satisfied a reasonable standard of conduct in a civil case? (MultiRegion, United States of America)
Is there any case law in which a defendant has argued that a variance in the scope of their criminal case is harmless or insignificant? (MultiRegion, United States of America)
What is the test for reasonableness of a decision by a police officer in a criminal case? (Canada (Federal), Canada)
What is the lodestar for calculating the amount of reasonable hours expended by a single person to meet a reasonable hourly rate? (MultiRegion, United States of America)
What are some cases where the US Supreme Court has ruled in favour of a plaintiff in a civil case? (MultiRegion, United States of America)
What are some cases where a client relied on the advice of a tax preparer without reading or reviewing their tax return? (Canada (Federal), Canada)
What are some cases where a jury has been found guilty of perverting the course of justice in a civil case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.