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BISMARK v. VIL. OF BAYVILLE

49 Misc.2d 604 (1966)

Mona Bismark, Plaintiff, and Sidney M. Stein et al., Intervenors-Plaintiffs, v. Incorporated Village of Bayville et al., Defendants.

Supreme Court, Special Term, Nassau County.

March 8, 1966

Attorney(s) appearing for the Case

Ralph J. Edsell (Sprague, Dwyer, Aspland & Tobin and Burton Ryan of counsel), for plaintiff. Andromidas, Pratt & Pitcher (George C. Pratt of counsel), for intervenors-plaintiffs. Gehrig, Ritter, Coffey & Stein (John Coffey of counsel), for defendants.

MARIO PITTONI, J.

The owner and the contract-vendees of realty sue for a judgment declaring invalid the October 16, 1964 amendment to the Building Zone Ordinance of the Village of Bayville which up-zoned the property from 15,000 square feet to 40,000 square feet as the minimum requirement for residential plots. Plaintiffs claim that the amendment is invalid because is confiscates the property without just compensation...

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