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EMJAY PROPS. v. TOWN OF BROOKHAVEN

42 A.D.2d 907 (1973)

Emjay Properties, Respondent, v. Town of Brookhaven, Appellant, and Charles W. Barraud et al., Constituting The Town Board of the Town of Brookhaven, Defendants

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

September 24, 1973

Judgment reversed insofar as appealed from, on the law, without costs, and matter remanded to the defendant Town Board of the Town of Brookhaven to consider and determine the question whether the subject property shall be rezoned for multiple residency as an MF-1 or MF-2 zone.

Plaintiff owns a three-acre plot in the Town of Brookhaven. Prior to 1970, the plot was part of a larger plot which had been zoned for the construction of one-family residences under the zoning...

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