H. DEV. CORP. v. CITY OF YONKERS


64 A.D.2d 690 (1978)

H. Development Corp., Respondent, v. City of Yonkers, Appellant

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

July 31, 1978


Judgment modified, on the law, by deleting the third decretal paragraph thereof, which granted the injunction. As so modified, judgment affirmed, without costs or disbursements.

In our opinion Special Term was correct in holding (1) that the present S-100 (residential use, minimum area of 10,000 square feet) zoning is unconstitutional with respect to the subject parcel, in that such zoning is not in accordance with a comprehensive development plan, and (2) that erection...

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