FUSCO v. TOWN OF OYSTER BAY


23 Misc.2d 72 (1960)

Michael Fusco et al., Plaintiffs, v. Town of Oyster Bay, Defendant.

Supreme Court, Special Term, Nassau County.

March 11, 1960.


Attorney(s) appearing for the Case

Nathaniel Taylor and Max Margules for plaintiffs.

Elmer S. Lane and Carmelo Tese for defendant.


MARIO PITTONI, J.

This is an action for a judgment declaring the zoning ordinance of the town unconstitutional insofar as it prohibits the subject property from being used for a gasoline service station.

The plaintiffs claim that they have diligently sought to put the property to profitable and productive use in accordance with the uses permitted by the ordinance, but have been unable to develop any interest in it except as a gasoline service...

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