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McDONOUGH v. APTON

48 A.D.2d 195 (1975)

Peter J. McDonough et al., Constituting The Village Board of the Village of Fairport, Respondents, v. Vincent P. Apton et al., Appellants

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

May 30, 1975

Attorney(s) appearing for the Case

Johnson, Reif & Mullan, P.C. (George A. Schell of counsel), for appellants.

Easton, Bitker & Wolf (George T. Wolf of counsel), for respondents.

CARDAMONE, SIMONS, GOLDMAN and DEL VECCHIO, JJ., concur.

MOULE, J.P.

The primary issue presented on this appeal concerns the validity of a zoning ordinance which prohibits the display of goods for sale in yard areas and the use of a building located within an industrial zone for residential purposes.

Respondents Apton have resided at 62 North Main Street in the Village of Fairport since November, 1968 as tenants and since September 25, 1970 as owners. They...

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