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BERENSON v. TOWN OF NEW CASTLE

38 N.Y.2d 102 (1975)

Mitchell Berenson et al., Appellants, v. Town of New Castle et al., Respondents.

Court of Appeals of the State of New York.

Decided December 2, 1975.

Attorney(s) appearing for the Case

Stuart R. Shamberg for appellants.

Arden H. Rathkopf and Daren A. Rathkopf for respondents.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

The plaintiffs in this declaratory judgment action attack the validity of the Zoning Ordinance of the Town of New Castle in its entirety on the ground that the ordinance excludes multifamily residential housing from the list of permitted uses.

The Town of New Castle is a relatively quiet and undeveloped suburban community nestled in the hills of northern Westchester County. The town is but 35...

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