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  5. 33 N.Y.2d 468 (1974)
 

DAUERNHEIM v. TOWN BD. OF HEMPSTEAD

33 N.Y.2d 468 (1974)

Dauernheim, Inc., Respondent, v. Town Board of the Town of Hempstead et al., Appellants.

Court of Appeals of the State of New York.

Decided March 28, 1974.

Attorney(s) appearing for the Case

John F. O'Shaughnessy, Town Attorney (George C. Pratt and Samuel S. Tripp of counsel), for appellants.

Joseph F. Carlino and Edward A. McCoyd for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and RABIN concur with Judge STEVENS; Judge GABRIELLI dissents and votes to affirm on opinion by Justice FRANK A. GULOTTA at the Appellate Division.

STEVENS, J.

In this action plaintiff originally sought a change of zone from a residential to a business use for 4.271 acres of a larger tract of approximately 17 acres owned by it. Its application was denied. The property is, and, since 1930, has been zoned for residential use. In its complaint plaintiff alleges that the area in which the property is situated has become business and commercial in nature and...

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