TOWN OF NORTH HEMPSTEAD v. DE PASQUALE BROS., INC.


280 A.D. 991 (1952)

Town of North Hempstead, Appellant-Respondent, v. De Pasquale Bros., Inc., et al., Respondents-Appellants, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 17, 1952.


Judgment unanimously affirmed, without costs.

The findings that there was a nonconforming use prior to the adoption of the zoning ordinance in 1929 and that there was never a discontinuance of such nonconforming use for a period of twelve months are supported by the evidence and are not contrary to the weight thereof, save insofar as it is found that processing of the sand was continuous. There was no processing from 1942 to 1949. Findings 5, 6, 12 and 13, submitted...

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