PT. LOOKOUT ASSN. v. TOWN OF HEMPSTEAD


22 Misc.2d 757 (1960)

Point Lookout Civic Association, Inc., et al., Plaintiffs, v. Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 28, 1960.


Attorney(s) appearing for the Case

John F. X. Browne for plaintiffs.

John A. Morhous, Town Attorney (Robert M. Stein of counsel), for Town of Hempstead, defendant.

Scribner & Miller (Herbert Plaut of counsel), for Nassau Beach Club at Lido Beach, Inc., defendant.


MARIO PITTONI, J.

The plaintiffs request a judgment declaring certain Zoning Ordinance amendments, enacted by the Town Board in 1953 and 1957, unconstitutional and invalid. Their major claims are that the 1957 amendment is illegal spot zoning, that both the 1953 and 1957 amendments were zoning by contract and, therefore, void, and that they are adversely affected and entitled to sue.

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