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MTR. OF BAR HARBOUR CTR. v. ANDREWS

23 Misc.2d 894 (1959)

In the Matter of Bar Harbour Shopping Center, Inc., Petitioner, v. Robert J. Andrews et al., Constituting the Board of Trustees of the Village of Massapequa Park, Respondents.

Supreme Court, Special Term, Nassau County.

October 23, 1959.

Attorney(s) appearing for the Case

Hall & Casey for petitioner. Morton Koppel for respondents.

BERNARD S. MEYER, J.

This is an article 78 (Civ. Prac. Act) proceeding seeking a direction requiring the Village Board of Massapequa Park to issue a permit for a gasoline service station. The prayer of the petition is granted, and the matter is remanded to the board with directions.

Prior to February 11, 1952 the village Zoning Ordinance made such service stations a special permit use and provided...

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