MARSH v. TOWN OF HUNTINGTON


39 A.D.2d 945 (1972)

Burton Marsh et al., Respondents, v. Town of Huntington, Appellant

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

June 12, 1972


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing on the issue of fact as to whether or not appellant unreasonably and willfully delayed in issuing a building permit so as to prevent petitioners from acquiring a vested right prior to the appellant town's amendment of its zoning regulations (Matter of Dubow v. Ross, 254 App. Div. 706).

Petitioners were entitled to issuance of the permit by the town as a matter...

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