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INC. VIL. OF ATL. BEACH v. TN. OF HEMPSTEAD

47 Misc.2d 29 (1965)

Incorporated Village of Atlantic Beach, Plaintiff, v. Town of Hempstead, Defendant.

Supreme Court, Special Term, Nassau County.

June 21, 1965

Attorney(s) appearing for the Case

Lapp & Schacher (Charles E. Lapp, Jr., of counsel), for plaintiff. John A. Morhous, Town Attorney, for defendant.

MARIO PITTONI, J.

Plaintiff, an incorporated village, and defendant, the town in which the village is located, both seek an adjudication of their authority to exercise zoning powers within the corporate limits of the plaintiff village. Each seeks, in addition, an injunction against the exercise of such powers by the other within the village. Each now moves for summary judgment based upon their pleadings and...

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