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MTR GRIMPEL ASSOC v. COHALAN

41 N.Y.2d 431 (1977)

In the Matter of Grimpel Associates, Respondent, v. Peter F. Cohalan et al., Constituting the Town Board of the Town of Islip, Appellants.

Court of Appeals of the State of New York.

Decided February 22, 1977.

Attorney(s) appearing for the Case

Francis G. Caldeira, Town Attorney (Edward S. Raskin of counsel), Islip, for appellants.

Edward Flower and Lark J. Shlimbaum, Bay Shore, for respondent.

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

GABRIELLI, J.

On this appeal, we are asked to determine whether the rezoning of plaintiff's property from a business to residential category results in an unconstitutional exercise of the police power in contravention of the due process clauses of the Federal and State Constitutions (US Const, 14th Amdt, § 1; NY Const, art I, § 6).

In 1963, Pellwood Corporation, plaintiff's predecessor in title, whose principals are plaintiff's copartners...

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