MULLENS v. TOWN OF HEMPSTEAD


41 A.D.2d 967 (1973)

Robert Mullens et al., Appellants, v. Town of Hempstead et al., Respondents

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

May 29, 1973


Judgment modified, on the law, by adding a provision thereto declaring that resolution No. 2946-1969 adopted by defendant Town of Hempstead is constitutional and valid and that the building permit issued by defendant Mayer to defendants Scro and Brookville Acres, Inc. is valid. As so modified, judgment affirmed, without costs.

The unconditional power to revoke the restrictions on the premises herein was given to defendant Town of Hempstead in the Declaration of Restrictions...

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