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TOWN OF OYSTER BAY v. FORTE

34 Misc.2d 5 (1961)

Town of Oyster Bay, Plaintiff, v. Michael Forte, Defendant.

Supreme Court, Special Term, Nassau County.

August 15, 1961

Attorney(s) appearing for the Case

Attilio E. Braune for plaintiff. Donald A. Capobianco for defendant.

JOSEPH A. SUOZZI, J.

This is a motion for judgment on the pleadings in a declaratory judgment action. [See 30 Misc.2d 920.] A resumé of the background of this case is necessary for a complete understanding thereof.

In 1956 the defendant submitted to the Town of Oyster Bay an application to rezone property owned by him in a residence "B" and "C" District to an Industrial "H" classification. Vigorous...

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