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TOWN OF SOMERS v. CAMARCO

308 N.Y. 537 (1955)

Town of Somers, Appellant, v. Joseph M. Camarco et al., Respondents.

Court of Appeals of the State of New York.

Decided June 2, 1955

Attorney(s) appearing for the Case

Harry H. Chambers and Chester A. Slocum for appellant.

Arthur F. Gaynor and Frederick P. Close for respondents.

FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; FULD, J., dissents in an opinion in which DESMOND and DYE, JJ., concur.

CONWAY, Ch. J.

The plaintiff Town of Somers seeks an injunction preventing the defendants from continuing their sand and gravel business unless they comply with the provisions of the zoning ordinance. The defendants seek to have the zoning ordinance declared unconstitutional insofar as it applies to them.

The property herein involved consists of two tracts of land because they are separated by a road running...

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