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MATTER OF HARRIS v. COFFEY

14 Misc.2d 916 (1957)

In the Matter of Sam A. Harris, Petitioner, v. Stephen Coffey, as Superintendent of Building of the Incorporated Village of Freeport, et al., Respondents.

Supreme Court, Special Term, Nassau County.

December 20, 1957.

Attorney(s) appearing for the Case

Milton Pinkus for petitioner.

Kenneth E. Vought, Village Counsel, for respondents.

HOWARD T. HOGAN, J.

This is a proceeding in the nature of a mandamus brought pursuant to article 78 of the Civil Practice Act to review a decision of the Building Inspector of the Village of Freeport, and to compel him to issue a building permit to the petitioner.

It appears that on October 21, 1957 the respondent Board of Trustees adopted a resolution repealing a provision of their Zoning Ordinance known as subdivision 2e of section 10.1,

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