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PLANDER v. COHALAN

43 A.D.2d 958 (1974)

Harley Plander et al., Respondents, v. Peter F. Cohalan et al., Constituting The Town Board of the Town of Islip, Appellants

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

February 11, 1974

Judgment reversed, on the law and the facts, with costs, and judgment granted in favor of defendants declaring that the ordinance is constitutional as applied to plaintiffs' property.

In our opinion, plaintiffs failed to meet their burden of proving that application of the ordinance to the subject premises is arbitrary and unreasonable (Williams v. Town of Oyster Bay, 32 N.Y.2d 78

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