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MATTER OF ARENTS v. SQUIRES

7 N.Y.2d 1009 (1960)

In the Matter of George Arents et al., Appellants, v. Theodore F. Squires et al., Constituting the Board of Appeals of the Incorporated Village of Southampton, Long Island, et al., Respondents.

Court of Appeals of the State of New York.

Decided March 24, 1960.

Attorney(s) appearing for the Case

Jackson A. Dykman, Lawrence R. Condon, Ralph W. Crolly and Ulysses S. Grant for appellants.

William B. Platt, Jr., Village Attorney (Edward T. Kelly of counsel), for Board of Appeals of the Incorporated Village of Southampton, Board of Trustees of the Incorporated Village of Southampton and A. Lee Allen, respondents.

Osborne A. McKegney for Southampton Holding Corporation and the Southampton Bath and Tennis Club, Inc., respondents.

Gordon M. Lipitz for Overdune Corporation, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD and BURKE. Judge VAN VOORHIS dissents in the following opinion in which Judges FROESSEL and FOSTER concur.

Order affirmed, without costs.

VAN VOORHIS, J. (dissenting).

The object of this article 78 proceeding is to prevent the operation of the Southampton Bath and Tennis Club, Inc., as in violation of the village zoning ordinance. This club was formed in the Autumn of 1953. At that time the zoning ordinance permitted in the most restricted residential zone, where this club was situated, a "Club house not conducted...

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