VIGILANT INVESTORS CORP. v. TOWN OF HEMPSTEAD


34 A.D.2d 990 (1970)

Vigilant Investors Corporation, Appellant, v. Town of Hempstead, Respondent

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

June 15, 1970


Judgment reversed, on the law and the facts, with costs, and judgment granted to plaintiff declaring that the zoning ordinance of the Town of Hempstead is unconstitutional as applied to plaintiff's property and directing that plaintiff's property be rezoned from Residence B to Business.

In our opinion, due to the almost total change to business of the area which surrounds plaintiff's property on three sides and the location of plaintiff's property directly on the...

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