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ATL. BEACH ASSN. v. HEMPSTEAD

3 N.Y.2d 434 (1957)

Atlantic Beach Property Owners' Association, Inc., et al., Respondents, v. Town of Hempstead, Appellant.

Court of Appeals of the State of New York.

Decided July 3, 1957.

Attorney(s) appearing for the Case

John A. Morhous, Town Attorney, for appellant.

Charles E. Lapp, Jr., for respondents.

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

VAN VOORHIS, J.

Sections 190-194 of the Town Law and section 222.0 of the Nassau County Civil Divisions Act authorize enlargement by town boards of the boundaries of park districts and other public districts. Section 198 (subd. 4) of the Town Law empowers town boards to sell any property acquired for park purposes and to apply the proceeds to the purchase of other property for park purposes, and allows town boards...

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