MATTER OF GREENBURGH SHOPPING CTR. v. TOWN OF GREENBURGH


21 A.D.2d 692 (1964)

In the Matter of Greenburgh Shopping Center, Respondent, v. Town of Greenburgh et al., Appellants

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

May 25, 1964


Order reversed on the law and the facts, without costs, and petitioner's application remanded to the Town Board for the purpose of: (a) holding hearings thereon, upon notice to petitioner; (b) making a determination de novo on the basis of all the proof adduced; and (3) for further proceedings not inconsistent herewith.

In our opinion, the learned Special Term properly found that the Town Board's determination did not rest upon a reasonable basis. However,...

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