CHURCH v. TOWN OF ISLIP


8 A.D.2d 962 (1959)

John Church et al., Respondents, v. Town of Islip et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 28, 1959


Judgment reversed on the law and the facts, without costs, and judgment directed declaring the amendment herein to be constitutional and valid. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein.

The Referee's finding that no public need or convenience has been indicated is contrary to the evidence, and in any event the Town Board's finding thereon is conclusive, inasmuch as a factual basis existed...

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