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N. HEMPSTEAD v. N. HILLS

38 N.Y.2d 334 (1975)

Town of North Hempstead, Appellant, v. Village of North Hills et al., Respondents, and Ranier E. Gut et al., Intervenors-Respondents. In the Matter of William E. Ruggiero et al., Appellants, v. J. Peter Grace et al., Constituting the Board of Trustees of the Incorporated Village of North Hills, Respondents, and Ranier E. Gut et al., Intervenors-Respondents.

Court of Appeals of the State of New York.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Francis F. Doran, Town Attorney (Patrick J. Rohan and Michael P. Sanchirico) for appellant in the first above-entitled matter.

John P. Cleary, George C. Pratt and Samuel S. Tripp for Village of North Hills, respondent in the first above-entitled matter.

Arden H. Rathkopf for intervenors-respondents in the first above-entitled matter.

Donald A. Walsh for New York State Conference of Mayors and Municipal Officials, amicus curiae in the first above-entitled matter.

Patrick J. Rohan, John M. Farrell, Jr., and Michael P. Sanchirico for appellants in the second above-entitled matter.

John P. Cleary for respondents in the second above-entitled matter.

Arden H. Rathkopf for intervenors-respondents in the second above-entitled matter.

Chief Judge BREITEL and Judges GABRIELLI, JONES, FUCHSBERG and COOKE concur; Judge WACHTLER taking no part.

JASEN, J.

In the first of these consolidated appeals (Town of North Hempstead v Village of North Hills), the Town of North Hempstead seeks a judgment declaring a zoning ordinance and amendment adopted by the Village of North Hills to be unconstitutional, and enjoining village officials from authorizing or permitting construction on any parcel of land benefited by the challenged ordinance and amendment...

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