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MATTER OF LEMIR REALTY CORP. v. LARKIN

11 N.Y.2d 20 (1962)

In the Matter of Lemir Realty Corp., Appellant, v. Edward P. Larkin et al., Constituting the Town Board of the Town of Hempstead, Respondents.

Court of Appeals of the State of New York.

Decided February 22, 1962.

Attorney(s) appearing for the Case

Arden H. Rathkopf for appellant.

John A. Morhous, Town Attorney, for respondents.

Judges DYE, FULD, FROESSEL and FOSTER concur with Chief Judge DESMOND; Judge BURKE dissents in an opinion in which Judge VAN VOORHIS concurs.

Chief Judge DESMOND.

Petitioner-appellant is the owner of land at the northwest corner of the intersection of Hempstead Turnpike and Division Avenue in the Town of Hempstead, Nassau County. Under the town zoning ordinance (§§ X-1.0, X-1.9) the premises are in a Business Use District and may be used for a gasoline station only "when approved as a special exception by the Town Board". Petitioner's application...

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