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MTR OF MACKAY v. MAYHALL

92 Misc.2d 868 (1977)

In the Matter of Rose B. Mackay, Petitioner, v. Lewis V. Mayhall et al., Constituting the Zoning Board of Appeals of the Town of East Hampton, et al., Respondents.

Supreme Court, Special Term, Suffolk County.

April 21, 1977

Attorney(s) appearing for the Case

Osborne & McGowan (John T. McGowan of counsel), for petitioner. Smith, Finkelstein, Lundberg, Baisley & Yakaboski for respondents.

LEON D. LAZER, J.

Can a subsequently adopted "merger" provision in a zoning ordinance extinguish single and separate ownership rights relative to a nonconforming parcel whose title has been joined with that of adjacent land? The issue arises in an article 78 proceeding brought to review a determination of the Zoning Board of Appeals of the Town of East Hampton (the "board") which, subject to certain conditions...

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