DALTON v. VAN DIEN


72 Misc.2d 292 (1972)

Charles Dalton, Plaintiff, v. Garrett Van Dien, as Building Inspector of the Incorporated Town of Warwick, et al., Defendants.

Supreme Court, Orange County.

December 20, 1972


Attorney(s) appearing for the Case

Lynch & Lynch (Harry V. Lynch of counsel), for plaintiff. Alexander Appelbaum and Bernard I. Kunert for defendants.


THOMAS R. HADAWAY, J.

On October 27, 1972, this court, after a trial without a jury, rendered a declaratory judgment declaring that the zoning ordinance of the Town of Warwick to the extent that it would prohibit the plaintiff from maintaining a mobile home on his property, is unenforceable.

The court's decision was based in part upon a finding that the defendants' express policy of not enforcing its prohibitions against mobile homes placed in...

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