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OLD FARM RD. v. TOWN OF NEW CASTLE

26 N.Y.2d 462 (1970)

Old Farm Road, Inc., Appellant, v. Town of New Castle et al., Respondents.

Court of Appeals of the State of New York.

Decided May 14, 1970.

Attorney(s) appearing for the Case

Burton H. Zuckerman for appellant.

Arthur F. Gaynor and Daniel G. Donovan for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

GIBSON, J.

The issue is the constitutionality of certain parts of the Town of New Castle's zoning ordinance. The provisions challenged create a Board of Architectural Review and require that each application for a permit to construct a new building, or to make alterations or additions of specified nature and cost, shall be submitted to the board. Authority is conferred upon the board to disapprove any such application...

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