SHAPIRO v. TOWN OF OYSTER BAY


27 Misc.2d 844 (1961)

Joseph Shapiro et al., Copartners Doing Business under the Name of Snarlington Associates, Plaintiffs, v. Town of Oyster Bay, Defendant.

Supreme Court, Trial and Special Term, Nassau County.

February 28, 1961


Attorney(s) appearing for the Case

Hall, Casey, Dickler, Hawley & Brady (James G. Austin of counsel), for plaintiffs. Elmer S. Lane and Carmelo C. Tese for defendant.


BERNARD S. MEYER, J.

Fundamental to the declaration of the invalidity of a zoning ordinance as it applies to a particular parcel of property are the principles that complainants must establish such invalidity not merely by a preponderance of evidence but beyond a reasonable doubt, and that the court's function is limited to the declaration of what the zoning classification may not be and does not extend...

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