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MATTER OF INC. VILL. OF VALLEY STREAM v. BEAR

24 A.D.2d 866 (1965)

In the Matter of Incorporated Village of Valley Stream et al., Petitioners, v. Franklin Bear et al., Constituting The Nassau County Planning Commission, Respondents

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

November 1, 1965

Determination annulled on the law, with costs to petitioners jointly.

The crux of this appeal is the scope of authority of the Nassau County Planning Commission in marginal zoning cases pursuant to section 1608 of the Nassau County Government Law. New York City, which owns the subject property and formerly used it as part of its Long Island watershed area, entered into an agreement with the Village of Valley Stream whereby the village released its permanent surface...

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