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MATTER OF WESTCHESTER REFORM TEMPLE v. BROWN

29 A.D.2d 677 (1968)

In the Matter of Westchester Reform Temple, Petitioner, v. Frederick W. Brown et al., Constituting The Planning Commission of the Village of Scarsdale, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 22, 1968

Determination annulled, with costs, and respondents directed to approve petitioner's application and site plan.

In our opinion, the zoning ordinance as amended, though not invalid on its face (see, Matter of Westchester Reform Temple v. Griffin, 29 A.D.2d 672), has been applied in a manner so arbitrary and unreasonable under the circumstances of this case as to result in an invasion of property rights and an interference...

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