MATTER OF PLAIN-PIKE REALTY CO., INC. v. SANFORD


10 A.D.2d 644 (1960)

In the Matter of Plain-Pike Realty Co., Inc., Appellant, v. Douglas W. Sanford, as Building Inspector of The Village of Lake Success, Respondent

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

February 23, 1960


Appellant brought the proceeding to compel respondent to issue a building permit for the erection of an automobile service station in a residence "B" district, where such use is prohibited, and to declare the local zoning ordinance unconstitutional and void insofar as it limits appellant's property to the uses permitted in such a district. Order unanimously affirmed, with costs. Appellant, having asserted an invasion of its property rights, had the burden of establishing...

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