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CHURCH v. TOWN OF ISLIP

8 N.Y.2d 254 (1960)

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

Court of Appeals of the State of New York.

Decided July 8, 1960.

Attorney(s) appearing for the Case

Harold P. Perkal for appellants.

George F. X. McInerney for Town of Islip and others, respondents.

Bernard J. Reilly for Charles Housler and another, respondents.

Judges DYE, FULD, BURKE and FOSTER concur with Chief Judge DESMOND; Judge FROESSEL dissents in an opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

Neighboring property owners brought this declaratory judgment suit against the Town of Islip in Suffolk County and against its Town Board and the owners of the involved property to have declared unconstitutional and void a 1954 zoning change (from Residence A to Business) of defendants Housler's corner lot in Islip, irregular in shape and about 210 feet on Bay Shore Road and 230 feet on Udall...

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