CHESS, INC. v. CITY OF GLEN COVE


23 A.D.2d 266 (1965)

Mary Chess, Incorporated, et al., Appellants-Respondents, and Catco, Inc. et al., Respondents, v. City of Glen Cove et al., Respondents-Appellants

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

May 24, 1965.


Attorney(s) appearing for the Case

Reavis & McGrath (John P. McGrath, Reginald S. Hardy and Marland Gale of counsel), for appellants-respondents.

Huntington & Chase (Arden H. Rathkopf of counsel), for respondents.

George M. Aronwald and Junius P. Wilson, Jr., for respondents-appellants.

CHRIST and HILL, JJ., concur with BENJAMIN, J.; BELDOCK, P. J., dissents in part and votes to affirm the judgment in toto, in opinion in which RABIN, J., concurs.


BENJAMIN, J.

This is an action to declare unconstitutional an amendment to the Zoning Ordinance of the City of Glen Cove in the County of Nassau, on the ground that such amendment is confiscatory as applied to plaintiffs' 19-acre tract of land known as Pratt Oval.

The six plaintiff corporations, Chess, Baymore, Cove, Ralsan, Universal and Nylacore, appeal from so much of a judgment as declared the amendment...

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