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HUNTINGTON v. PARK SHORE

47 N.Y.2d 61 (1979)

Town of Huntington et al., Respondents, v. Park Shore Country Day Camp of Dix Hills, Inc., Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1979.

Attorney(s) appearing for the Case

Arthur Goldstein for appellant.

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

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

FUCHSBERG, J.

At issue in this case is the constitutionality of a zoning ordinance that permits private, nonprofit clubs but not commercial enterprises to operate tennis courts in a residential district.

Defendant Park Shore Country Day Camp owns 15 acres in an area zoned for one-acre residential lots. In 1959, the Town of Huntington's Zoning Board of Appeals granted Park Shore's application for a special...

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