TATA v. TOWN OF BABYLON


52 Misc.2d 667 (1967)

Joseph Tata et al., Plaintiffs, v. Town of Babylon et al., Defendants.

Supreme Court, Special Term, Suffolk County.

January 11, 1967


Attorney(s) appearing for the Case

Siben & Siben for plaintiffs. Bernard J. Reilly for Town of Babylon, defendant. Murov & Phillips for Fay Brown, defendant.


JACK STANISLAW, J.

In this action for a declaratory judgment plaintiffs argue that a certain change of zone legislated by the Town of Babylon is unconstitutional and invalid, among other things.

About the early part of July, 1966 the Babylon Town Board granted the application of one Brown to rezone approximately 14 acres of property from "A Residence" to "M. R. Multiple Residence" district. The latter district permits use for garden apartments...

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