This section contains the nature of the case and procedural background.

Cosser applied to the Zoning Board (D) for permission to conduct commercial activity on his residentially zoned lot. Cosser sought a variance for a prohibited use and not merely exemption from an area restriction. He presented evidence that building a house on the lot would entail certain special costs, that the additional construction costs would make a house on the subject parcel competitively unsaleable, and another witness that testified that it would be inadvisable to use the land for residential development. There was no direct dollars, and cents testimony of just how much the use of the land for residential purposes would cost. D approved the zoning variance, and Jarrold (P) commenced this proceeding to invalidate D's action. The Appellate Division ruled for P.

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