Woodbury Properties, Inc. v. Burke

Appellate Division of the Supreme Court of New York

Woodbury Properties, Inc. v. Burke

44 A.D.2d 728, 354 N.Y.S.2d 723, 1974 N.Y. App. Div. LEXIS 5167

Appellate Division of the Supreme Court of the State of New York·Decided April 29, 1974·Published·Cited by 1 cases

Opinion

In an action for a declaratory judgment, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated March 22, 1973 and made after a nonjury trial, which declared that the zoning ordinance of the Town of Oyster Bay, as applied to the subject property, is unconstitutional. Judgment affirmed, with costs. We do not reach the question on this record as to the use to [729]*729which the subject property may be rezoned. -That is a question in the first ■instance for the Town. Board. Gulotta, P. J., Shapiro, Cohalan, Benjamin and Munder, JJ., concur.

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In an action for a declaratory judgment, plaintiff appeals from a judgment of the Supreme Court, Nassau County, dated March 22, 1973 and made after a nonjury trial, which declared that the zoning ordinance of the Town of Oyster Bay, as applied to the subject property, is unconstitutional. Judgment affirmed, with costs. We do not reach the question on this record as to the use to [729]*729which the subject property may be rezoned. -That is a question in the first ■instance for the Town. Board. Gulotta, P. J., Shapiro, Cohalan, Benjamin and Munder, JJ., concur.

Woodbury Properties, Inc. v. Burke, 44 A.D.2d 728, 354 N.Y.S.2d 723, 1974 N.Y. App. Div. LEXIS 5167 (N.Y. Ct. App. 1974).

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Opinion

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