Frost v. Town of East Hampton

Appellate Division of the Supreme Court of New York

Frost v. Town of East Hampton

97 A.D.2d 810, 468 N.Y.S.2d 846, 1983 N.Y. App. Div. LEXIS 20580

Appellate Division of the Supreme Court of the State of New York·Decided November 21, 1983·Published

Opinion

In an action to declare void as confiscatory defendant’s zoning ordinance as it applies to plaintiff’s building lot and to direct defendant to issue a building permit, plaintiff appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated June 3,1983, which denied his motion for summary judgment. Order affirmed, without costs or disbursements. Plaintiff’s motion was properly denied. Triable issues of fact exist. Further, an issue concerning the adequacy of the purported administrative remedy also exists. Moflen, P. J., Mangano, Thompson and Boyers, JJ., concur.

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In an action to declare void as confiscatory defendant’s zoning ordinance as it applies to plaintiff’s building lot and to direct defendant to issue a building permit, plaintiff appeals from an order of the Supreme Court, Suffolk County (Cannavo, J.), dated June 3,1983, which denied his motion for summary judgment. Order affirmed, without costs or disbursements. Plaintiff’s motion was properly denied. Triable issues of fact exist. Further, an issue concerning the adequacy of the purported administrative remedy also exists. Moflen, P. J., Mangano, Thompson and Boyers, JJ., concur.

Frost v. Town of East Hampton, 97 A.D.2d 810, 468 N.Y.S.2d 846, 1983 N.Y. App. Div. LEXIS 20580 (N.Y. Ct. App. 1983).

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97 A.D.2d 810 (Frost v. Town of East Hampton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.