O'KULA v. MEADE


33 A.D.2d 686 (1969)

Joseph O'Kula et al., Respondents, v. Robert C. Meade et al., Constituting The Town Board of the Town of North Hempstead, Appellants

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

November 3, 1969


Judgment modified, on the law and the facts, by (1) striking out the first decretal paragraph thereof, which adjudged the ordinance unconstitutional; and (2) substituting therefor a provision that the ordinance is not unconstitutional as to plaintiffs' property. As so modified, judgment affirmed insofar as appealed from, without costs.

In our opinion, plaintiffs have failed to sustain their burden of proving that the zoning ordinance precludes the use of their subject...

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