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MATTER OF BOBANDAL REALTIES, INC. v. WORTHINGTON

15 N.Y.2d 788 (1965)

In the Matter of Bobandal Realties, Inc., Appellant, v. Carroll M. Worthington, as Building Inspector of the Town of Greenburgh, Respondent.

Court of Appeals of the State of New York.

Decided February 4, 1965.

Attorney(s) appearing for the Case

Arden H. Rathkopf for appellant.

Paul H. Perreten, Town Attorney, for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents in the following opinion.

Order affirmed, with costs.

VAN VOORHIS, J. (dissenting).

The decision goes beyond any case previously decided in this court in the direction of expropriating nonconforming pre-existing uses in zoning cases. Appellant has been held to have a vested, prior nonconforming use (Town of Greenburgh v. Bobandal Realties, 10 N.Y.2d 414) which amounts to a constitutional...

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