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JACKSON & PERKINS CO. v. MARTIN

16 A.D.2d 1 (1962)

Jackson and Perkins Company, Respondent, v. Constantine B. Martin et al., Appellants

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

February 22, 1962.

Attorney(s) appearing for the Case

Richard C. Mitchell for appellants.

Nixon, Hargrave, Devans & Dey (T. Carl Nixon and Frederick W. McNabb, Jr., of counsel), for respondent.

Francis D. McCurn and Avery B. Robinson for Village of Newark, amicus curiæ.

WILLIAMS, P. J., and McCLUSKY, J., concur with BASTOW, J.; HALPERN, J., dissents in part, votes to modify the judgment and to affirm the judgment as modified, in separate opinion, in which HENRY, J., concurs.

BASTOW, J.

The parties to this action own contiguous parcels of land in the Village of Newark both located in a residential A district under the provisions of a Zoning Ordinance originally enacted in 1931. Plaintiff owns some 58 acres and for many years has used the land for the raising and marketing of horticultural and nursery products. The perimeter of plaintiff's lands is in excess of 8,000 feet and the westerly...

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