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MARCUS ASSOC. v. HUNTINGTON

57 A.D.2d 116 (1977)

Marcus Associates, Inc., Appellant, v. Town of Huntington et al., Respondents

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

April 11, 1977

Attorney(s) appearing for the Case

Stern, Gillies & Kurtzberg, P. C. (Joseph Stern of counsel), for appellant.

Ronald Glickman, Town Attorney (Frank J. Mack of counsel), for respondents.

COHALAN, Acting P. J., and RABIN, J., concur with HAWKINS, J.; MARGETT, J., dissents and votes to reverse the judgment and to declare subdivision 10 of section 62-6.1 of the Zoning Ordinance of the Town of Huntington illegal and void, with an opinion, in which MOLLEN, J., concurs.

HAWKINS, J.

The Special Term's determination sustaining the constitutionality of the assailed section of the local zoning ordinance should be affirmed.

Plaintiff originally owned 12 building lots, of which 7 have been improved with industrial plants. This was accomplished in compliance with the requirements of the ordinance. The property was acquired by plaintiff in 1967 and 1968. Upon acquisition, the lots were zoned R-40, i.e., one-acre residential...

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