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CHASE v. CITY OF GLEN COVE

34 Misc.2d 810 (1962)

Lester H. Chase et al., Plaintiffs, v. City of Glen Cove et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 2, 1962

Attorney(s) appearing for the Case

Melvin H. Heiko, City Attorney, for City of Glen Cove and another, defendants. Lester H. Chase and Arden H. Rathkopf for plaintiffs. Monroe Fink for Glen Cove Housing Authority.

BERNARD S. MEYER, J.

In this action plaintiffs seek a declaratory judgment invalidating an ordinance rezoning certain property as a "Municipal High Rise Housing District." In five causes of action the ordinance is attacked because (1) it is "spot zoning," (2) it was enacted pursuant to agreement with the Division of Housing and the Glen Cove Housing Authority and constitutes "zoning by contract," (3) it is confiscatory...

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