MATTER OF LONG ISLAND LIGHTING CO. v. HORN


23 A.D.2d 583 (1965)

In the Matter of Long Island Lighting Company, Appellant, v. Leonard L. Horn et al., Constituting The Zoning Board of Appeals of the Town of Huntington, Respondents

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

February 23, 1965


Judgment reversed on the law, without costs, and proceeding remanded to the local Zoning Board of Appeals for the purpose of rendering a proper decision not inconsistent herewith.

No questions of fact were considered. In our opinion, in its present form the decision of the board is tantamount to an exclusion of the utility from the area. The board may not exclude the utility (Matter of Consolidated Edison Co. v. Village...

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