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INC. VIL. OF LLOYD HARBOR v. HUNTINGTON

4 N.Y.2d 182 (1958)

Incorporated Village of Lloyd Harbor et al., Respondents, v. Town of Huntington, Appellant. Chester S. Williams et al., Respondents, v. Town of Huntington et al., Appellants. (Consolidated Actions.)

Court of Appeals of the State of New York.

Decided April 3, 1958.

Attorney(s) appearing for the Case

George M. Blaesi, Town Attorney (Otho S. Bowling and Robert F. Bowling of counsel), for appellants.

Jackson A. Dykman for Incorporated Village of Lloyd Harbor and another, respondents.

Gordon M. Lipetz for Chester S. Williams and others, respondents.

Chief Judge CONWAY and Judges DESMOND, FROESSEL and BURKE concur with Judge FULD; Judges DYE and VAN VOORHIS dissent and vote to affirm.

FULD, J.

Some time before 1955, the Town of Huntington acquired lands in the Village of Lloyd Harbor and in the Village of Huntington Bay — both villages being within the town's territorial limits — for the purpose of operating them as public bathing beaches. Both villages had zoning ordinances which in effect exclude such beaches, it being conceded that they were zoned for residence purposes only...

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