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SCARSDALE SUPPLY CO. v. VIL. OF SCARSDALE

8 N.Y.2d 325 (1960)

Scarsdale Supply Company, Appellant, v. Village of Scarsdale, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1960.

Attorney(s) appearing for the Case

Arthur F. Driscoll and John Drew for appellant.

Richard A. Tilden for respondent.

Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur.

BURKE, J.

The controversy hereby remanded for a determination of the material issues arises out of, and questions the validity of, the rezoning of real property owned by the plaintiff in the Village of Scarsdale. Plaintiff has, since 1922, continually occupied and used the premises (an interior plot of 3.4 acres) as a building supply yard in a business zone district of the Heathcote section of Scarsdale. However...

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