MTR. OF 109 MAIN ST. CORP. v. BURNS


14 Misc.2d 1037 (1958)

In the Matter of 109 Main Street Corporation, Petitioner, v. John J. Burns et al., Constituting the Town Board of the Town of Oyster Bay, Respondents.

Supreme Court, Special Term, Nassau County.

June 11, 1958.


Attorney(s) appearing for the Case

John F. Coffey for petitioner.

Michael J. Sullivan and Edward J. Poulos for respondents.


HOWARD T. HOGAN, J.

This is a proceeding to review the determination of the respondent Town Board denying petitioner's application for a gasoline station permit. The subject property lies in a "G" Business District in the unincorporated area of the Town of Oyster Bay. However, on March 13, 1956, a certain restrictive covenant was imposed upon it by certain individuals (whose interests are not revealed to the court), limiting the property to uses authorized...

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