35 A.D.2d 598 (1970)

F. Arnold Daum, Appellant, v. Robert C. Meade et al., Constituting The Town Board of the Town of North Hempstead, et al., Respondents

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

July 27, 1970

Judgment reversed, on the law and the facts, and case remitted to the trial court for a determination of the merits of the controversy, with costs to abide the event.

In our opinion plaintiff, an abutting landowner within eyesight of the proposed industrial park, established at least prima facie that he was "aggrieved" and was entitled to maintain the instant action to enjoin illegal zoning practices and to obtain a determination of the issue of the legality of the zoning ordinance. As we view the record, the trial court never reached this question or passed on it (cf. Matter of Manor Woods Assn. v. Randol, 29 A.D.2d 778).


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