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IANNARONE v. CASO

59 Misc.2d 212 (1969)

James Iannarone et al., on Behalf of Themselves and All Residents, Property Owners and Taxpayers of Inwood, an Unincorporated Area of the Town of Hempstead, Similarly Situated, Plaintiffs, v. Ralph G. Caso et al., Constituting the Town Board of the Town of Hempstead, et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 18, 1969

Attorney(s) appearing for the Case

Peter N. Bertucci for plaintiffs. Howard Levitt, Town Attorney, for Ralph G. Caso and others, defendants. Wydler Balin Pares & Soloway for Control Corporation, defendant.

BERTRAM HARNETT, J.

The Iannarones, who reside in Inwood in the Town of Hempstead, object to the rezoning of land within 100 feet of their residence, claiming that:

1. The rezoning application was first voted on by the Town Board of Hempstead and failed to receive a majority vote. The next week, the Town Board voted again, and passed, by a simple majority, the same rezoning application, improperly, because it did not then hold a new public hearing...

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