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JUNAR CONSTR. v. TOWN BD., HEMPSTEAD

57 Misc.2d 727 (1968)

Junar Construction Co., Inc., Plaintiff, v. Town Board of the Town of Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

August 27, 1968

Attorney(s) appearing for the Case

Daniel S. Lerner and Melvin B. Lippe for plaintiff. Howard E. Levitt, Town Attorney (Arthur B. Levine of counsel), for defendants.

BERNARD S. MEYER, J.

This declaratory judgment action illustrates one of the profound yet subtle changes wrought in the law of zoning by the Court of Appeals' decision in Matter of Fulling v. Palumbo (21 N.Y.2d 30). Though "Legislative enactments are presumed to be constitutional * * * [and] unconstitutionality must be demonstrated beyond a reasonable doubt" (Wiggins...

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