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SUMMERS v. CITY OF GLEN COVE

17 N.Y.2d 307 (1966)

Clausen W. Summers et al., Appellants, v. City of Glen Cove et al., Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1966.

Attorney(s) appearing for the Case

Gerald Dickler for appellants.

Edward R. Garber, City Attorney (Melvin H. Heiko of counsel), for respondents.

Judges VAN VOORHIS, BURKE and SCILEPPI concur with Judge KEATING; Chief Judge DESMOND and Judges FULD and BERGAN dissent and vote to affirm upon the opinion at the Appellate Division.

KEATING, J.

Plaintiffs appeal from an order of the Appellate Division reversing on the law and facts a judgment of the Supreme Court, Nassau County, declaring article VIII, sections 23 and 24 of a Revised Zoning Ordinance of defendant City of Glen Cove to be unconstitutional and invalid as applied to plaintiffs' property. We hold that the ordinance is confiscatory in its effect and that the court below erred...

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