Matter of Humble Oil & Refining Co. v. Board of Standards & Appeals, 16 N.Y.2d 665 (1965)

A court may remand a zoning board decision for reconsideration when additional evidence surfaces that could bear on allegations of discrimination or arbitrariness by the board, especially when the board indicates it would not object to a reconsideration.

Summary

Humble Oil sought a variance and building permits, which were denied by the Zoning Board. Humble Oil then presented additional evidence to the Special Term arguing discrimination and arbitrariness. The Court of Appeals reversed the Appellate Division and Special Term decisions, remitting the case to Special Term with instructions to remand the matter to the Zoning Board of Appeals. The court reasoned that the additional evidence presented to the Special Term warranted reconsideration by the Board, especially since the Board indicated it wouldn’t oppose it, to ensure a full and fair determination based on all relevant information.

Facts

1. Humble Oil & Refining Co. applied to the Zoning Board of Appeals for a variance and building permits.
2. The Zoning Board denied Humble Oil’s application.
3. Humble Oil then presented additional matter (evidence), via affidavit and exhibit, to the Special Term, alleging discrimination and arbitrariness on the part of the Board.

Procedural History

1. The Special Term initially ruled against Humble Oil.
2. The Appellate Division affirmed the Special Term’s decision.
3. The Court of Appeals reversed the Appellate Division and the Special Term, remitting the proceedings to the Special Term with the direction to remand to the Zoning Board of Appeals for reconsideration.

Issue(s)

1. Whether the introduction of new evidence at the Special Term level, potentially indicating discrimination or arbitrariness by the Zoning Board, warrants a remand to the Board for reconsideration of the application for a variance and building permits.

Holding

1. Yes, because the additional evidence presented to the Special Term may have a bearing on a charge of discrimination and arbitrariness on the part of the board, warranting reconsideration by the Board, especially where the Board indicated it would not object to such reconsideration.

Court’s Reasoning

The Court of Appeals held that the record before the Zoning Board did not justify the petitioners’ application for a variance and building permits. However, the additional matter presented to the Special Term, suggesting discrimination and arbitrariness, warranted further consideration. The court emphasized fairness and completeness in administrative decision-making. The court considered the Zoning Board’s lack of objection to reconsideration as a key factor. The court cited Matter of Berg v. Michaelis, 21 A.D.2d 322, aff’d, 16 N.Y.2d 822, as precedent supporting the remand for reconsideration. The court also references Matter of Colonial Liq. Distrs. v. O’Connell, 295 N. Y. 129, 141 and People ex rel. Fordham Manor Ref. Church v. Walsh, 244 N. Y. 280, 289-291. The ruling emphasizes the importance of a complete and fair administrative record, particularly when allegations of bias or arbitrary action are raised. The court determined that Humble Oil should have the opportunity to present this matter to the Board for its consideration before an ultimate determination is made.