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TOWN OF NORTH HEMPSTEAD v. VILL. OF NORTH HILLS

78 Misc.2d 54 (1974)

Town of North Hempstead, Plaintiff v. Village of North Hills et al., Defendants.

Supreme Court, Special Term, Nassau County.

April 30, 1974

Attorney(s) appearing for the Case

Pratt, Caemmerer & Cleary, P. C., for defendants. Patrick J. Rohan for plaintiff.

MARIO PITTONI, J.

Defendant village moves to dismiss plaintiff town's complaint on the ground that the town is barred from bringing this action by section 7-706 of the Village Law, that the town has no standing to sue, that the town is not an aggrieved person and that the complaint is merely conclusory.

The town's contention is that the cluster zoning provisions of the village ordinances violate section 7-738 of the Village Law, that they are...

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