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MATTER OF JAYNE ESTATES v. RAYNOR

22 N.Y.2d 417 (1968)

In the Matter of Jayne Estates, Inc., Respondent, v. J. Madison Raynor et al., Constituting the Zoning Board of Appeals of the Incorporated Village of Westhampton Beach, Appellants.

Court of Appeals of the State of New York.

Decided July 1, 1968.

Attorney(s) appearing for the Case

Howard M. Finkelstein for appellants.

Gabriel Koszovitz for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge KEATING; Judge JASEN dissents and votes to reverse in a separate opinion.

KEATING, J.

In December, 1959 respondent, Jayne Estates, Inc., purchased for some $80,000 certain real property on the bay and the ocean sides of Dune Road in Westhampton Beach. At the time, the zoning ordinance permitted apartment house construction, subject to the approval of the Zoning Board of Appeals.

Shortly after the purchase, the Village Board of Trustees proposed an amendment to the zoning map...

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