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CAPOBIANCO v. TOWN OF NO. HEMPSTEAD

21 Misc.2d 32 (1960)

Donald A. Capobianco, Plaintiff, v. Town of North Hempstead et al., Defendants.

Supreme Court, Trial Term, Nassau County.

January 7, 1960.

Attorney(s) appearing for the Case

C. Walter Randall for plaintiff.

Robert C. Meade, Town Attorney (Walter E. Beverly, Jr., of counsel), for defendants.

MARIO PITTONI, J.

The plaintiff has brought this action for a judgment declaring the Zoning Ordinance of the Town of North Hempstead unconstitutional and void insofar as it restricts the use of his property to one-family residences and other uses, and prohibits the use of his property for multiple dwelling residential purposes; and also to enjoin the Town Board from enforcing the zoning ordinance insofar as it affects the plaintiff's property.

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