FRA-NAT BUILDERS v. TOWN OF OYSTER BAY


16 Misc.2d 851 (1959)

Fra-Nat Builders, Inc., Plaintiff, v. Town of Oyster Bay et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 16, 1959.


Attorney(s) appearing for the Case

Daniel S. Lerner for plaintiff.

Elmer S. Lane and Edward J. Poulos for defendants.


MARIO PITTONI, J.

This is an action for a judgment declaring unconstitutional and invalid a zoning ordinance which makes the area in which the subject premises are located "Residence D." The plaintiff alleges that the surrounding area "has been so changed to business use as to make the best use of the subject premises at this time `Business' * * *." The defendant Town Board has denied the plaintiff's petition to rezone the subject premises from "Residence...

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