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CENTURY CIRCUIT v. OTT

65 Misc.2d 250 (1970)

Century Circuit, Inc., Plaintiff, and Mutual Building Company et al., Plaintiffs-Intervenors, v. Fred Ott et al., Individually, and Constituting the Board of Trustees of the Village of Rockville Centre, et al., Defendants, and I. George Berkman et al., Defendants-Intervenors.

Supreme Court, Special Term, Nassau County.

December 7, 1970

Attorney(s) appearing for the Case

Bennett, Kay & Scholly for plaintiff and plaintiffs-intervenors. William Seward for Village of Rockville Centre. Strasser, Spiegelberg, Fried & Frank (Mathew Gluck of counsel), for defendants.

MANUEL W. LEVINE, J.

This is a declaratory judgment action brought by the plaintiff and plaintiff-intervenors to void an amendment to the Building Zone Ordinance of the Incorporated Village of Rockville Centre whereby off-street parking requirements for a movie theatre were eliminated under certain circumstances.

The plaintiffs' contentions are: 1, that the amendment was not adopted pursuant to a comprehensive...

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