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WALTON v. INC. TOWN OF SMITHTOWN

37 N.Y.2d 915 (1975)

Samuel Walton, Appellant, v. Incorporated Town of Smithtown et al., Respondents.

Court of Appeals of the State of New York.

Decided October 30, 1975.

Attorney(s) appearing for the Case

Charles T. Matthews for appellant.

Howard E. Pachman for respondents.

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

MEMORANDUM.

In reversing the judgment of the Supreme Court, Suffolk County, on the law and the facts, the entry of a judgment was directed declaring the pertinent zoning ordinance constitutional as applied to plaintiff's 6.4 acres of vacant land in a R-10 residential zoning district of the Town of Smithtown. The premises were the remaining portion of a 45-acre tract, acquired in 1959 and then zoned residential, concerning...

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