MTR. OF LONGWORTH v. FARRINGTON


46 Misc.2d 881 (1965)

In the Matter of Duncan E. Longworth, Petitioner, v. Palmer D. Farrington et al., Constituting the Town Board of the Town of Hempstead, Respondents.

Supreme Court, Special Term, Nassau County.

April 30, 1965


Attorney(s) appearing for the Case

Harnett & Powell (Adolph Koeppel, Irving I. Lesnick and Lloyd Peter Parcher of counsel), for petitioner. John A. Morhous, Town Attorney (Kenneth E. Vought of counsel), for respondents.


MARIO PITTONI, J.

In this proceeding pursuant to article 78 of the CPLR judgment is granted in favor of the petitioner directing the respondents to issue a renewal of a permit for certain dredging work.

The respondents' sole defense to this proceeding is that their denial of the renewal permit is a legislative determination which is not reviewable by the court. Examination of the papers discloses however...

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