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WILLIAMS v. TOWN OF OYSTER BAY

32 N.Y.2d 78 (1973)

Catherine Williams et al., Appellants, v. Town of Oyster Bay, Respondent.

Court of Appeals of the State of New York.

Decided March 21, 1973.

Attorney(s) appearing for the Case

Henry J. Boitel for appellants.

John M. Conroy, Town Attorney (Robert A. Shuster of counsel), for respondent.

Judges BURKE, BREITEL, JASEN, GABRIELLI, JONES and WACHTLER concur.

Chief Judge FULD.

The plaintiffs, Catherine and Gene Williams, own property in a Residence D zoning district in the Village of Massapequa, Town of Oyster Bay. Unable to obtain a business use variance, they brought this suit against the town to have article VI of its Building Zone Ordinance, which governs Residence D uses, declared unconstitutional as applied to their property.

The plaintiffs' land is located...

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