SALAMAR BLDRS. CORP. v. TUTTLE


29 N.Y.2d 221 (1971)

Salamar Builders Corp., Respondent, v. Edward S. Tuttle et al., Individually and Constituting the Town Board of the Town of Southeast, et al., Appellants.

Court of Appeals of the State of New York.

Decided October 21, 1971.


Attorney(s) appearing for the Case

Charles H. Velardi for appellants.

Stuart R. Shamberg and John Arons for respondent.

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


SCILEPPI, J.

In January, 1968 plaintiff, a real estate developer, took title to some 70 or more acres in the northeastern part of the Town of Southeast for a purchase price of $84,000. At that time, the zoning ordinance classified the district R-2, and sanctioned the construction of residences on plots containing 40,000 square feet of land, provided that each be "of such a shape that a square with 150 feet on...

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