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LERNER v. TOWN OF ISLIP

No. 67 Civ. 166.

272 F.Supp. 664 (1967)

Eleanor LERNER, Plaintiff, v. TOWN OF ISLIP, Defendant.

United States District Court E. D. New York.

August 10, 1967.

Attorney(s) appearing for the Case

Rathkopf & Rathkopf, Brooklyn, N. Y., for plaintiff.

Anthony Pace, Islip Town Atty., East Islip, N. Y., for defendant.

OPINION and ORDER

WEINSTEIN, District Judge.

Plaintiff, owner of some 62 acres in the Town of Islip, seeks a judgment declaring that the applicable Town zoning ordinances violate her rights under the Fifth and Fourteenth Amendments to the United States Constitution. See 28 U.S.C. § 2201. She contends that reclassification of her property in December, 1962 as Residential AAA—requiring a minimum lot size of 40,000 square feet—effectively...

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