Schour v. Incorporated Village of Lynbrook

Appellate Division of the Supreme Court of New York

Schour v. Incorporated Village of Lynbrook

25 A.D.2d 677, 268 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4740

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 1966

StatusPublished

This text of 25 A.D.2d 677 (Schour v. Incorporated Village of Lynbrook) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schour v. Incorporated Village of Lynbrook, 25 A.D.2d 677, 268 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4740 (N.Y. Ct. App. 1966).

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Opinion

In an action to declare void and unconstitutional the zoning ordinance enacted by the defendant Incorporated Yillage of Lynbrook on February 18, 1952, insofar as it affects certain real property owned by plaintiffs and situate in the village, and for other relief, defendant appeals from a judgment of the Supreme Court, Nassau County, entered August 27, 1965 after a nonjury trial, in plaintiffs’ favor. Judgment affirmed, without costs. In our opinion, on the record presented, the determination of the Special Term that the ordinance as amended restricted plaintiffs’ property to a use for which it is not reasonably adapted is supported by substantial evidence (cf. Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493; Mardine Realty Co. v. Village of Dobbs Ferry, 1 A D 2d 789, affd. 1 N Y 2d 902).

Beldoek, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

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In an action to declare void and unconstitutional the zoning ordinance enacted by the defendant Incorporated Yillage of Lynbrook on February 18, 1952, insofar as it affects certain real property owned by plaintiffs and situate in the village, and for other relief, defendant appeals from a judgment of the Supreme Court, Nassau County, entered August 27, 1965 after a nonjury trial, in plaintiffs’ favor. Judgment affirmed, without costs. In our opinion, on the record presented, the determination of the Special Term that the ordinance as amended restricted plaintiffs’ property to a use for which it is not reasonably adapted is supported by substantial evidence (cf. Vernon Park Realty v. City of Mount Vernon, 307 N. Y. 493; Mardine Realty Co. v. Village of Dobbs Ferry, 1 A D 2d 789, affd. 1 N Y 2d 902).

Beldoek, P. J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.

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Bluebook (online)

25 A.D.2d 677, 268 N.Y.S.2d 577, 1966 N.Y. App. Div. LEXIS 4740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schour-v-incorporated-village-of-lynbrook-nyappdiv-1966.

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