TOWN OF SOUTHAMPTON v. TODEM HOMES, INC.


43 A.D.2d 593 (1973)

Town of Southampton, Appellant, v. Todem Homes, Inc., Respondent

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

November 26, 1973


Order reversed, without costs, motion granted and case remitted to Special Term for further proceedings not inconsistent herewith.

Defendant received county and town approvals for the construction of the motel, respectively 14 and 12 days before the town ordinance was amended to bar motel construction on the subject site. In our opinion, an issue of fact has been presented as to whether defendant, in good faith and in reliance upon the permits granting the stated...

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