Cowan v. Kern, 41 N.Y.2d 591 (1977)

A zoning board’s denial of a variance is not discriminatory simply because other similarly situated property owners received variances; the petitioner must prove they were illegally oppressed.

Summary

Randolph Cowan sought a variance to build a residence on a substandard parcel he purchased at a tax sale. The Zoning Board of Appeals denied his application, citing the parcel’s non-compliance with area requirements and the lack of demonstrated economic hardship. Cowan argued discrimination, pointing to prior variances granted to neighboring properties. The Court of Appeals held that the denial was not discriminatory because Cowan failed to prove the board’s decision was arbitrary or that he suffered unique hardship, especially considering his purchase at a tax sale implied awareness of zoning restrictions.

Facts

Randolph Cowan purchased a 7,500 sq ft parcel at a tax sale in 1970, located in an