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OLIN v. TOWN OF N. HEMPSTEAD

13 N.Y.2d 782 (1963)

Susanne C. Olin et al., on Behalf of Themselves and All Other Residents, Property Owners, and Electors in and of the Town of North Hempstead, Similarly Situated, Appellants, v. Town of North Hempstead et al., Respondents.

Court of Appeals of the State of New York.

Decided July 10, 1963.

Attorney(s) appearing for the Case

Samuel M. Lane, Preben Jensen and Charles Paolillo for appellants.

Robert C. Meade, Town Attorney (James F. Niehoff of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, FOSTER and SCILEPPI. Judge VAN VOORHIS concurs in the result on the basis of the curative statute (L. 1962, ch. 509).

Judgment affirmed, with costs, in the following memorandum: We reach the same conclusion as Special Term but on nonconstitutional grounds. The record leaves no doubt that the Town Board from the beginning intended and planned that the incinerator plant was to be built on the specified parcel, lot 10-B, and the 52 acres of land under water abutting on that upland parcel. In the light of the facts and circumstances presented, the resolution authorizing the issuance of the bonds...

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