BERENSON v. NEW CASTLE


67 A.D.2d 506 (1979)

Mitchell Berenson et al., Respondents, v. Town of New Castle, Appellant

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

April 23, 1979


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison (Edward N. Costikyan, Steven S. Honigman, Deborah E. Jordon and Gregory J. Wallance of counsel), for appellant.

Shamberg & Bender, P. C. (Stuart R. Shamberg, Martin Bender and Mary Korth of counsel), for respondents.

Gifford, Woody, Palmer & Serles (John T. Buckley of counsel), for Washington Avenue Homeowners, amicus curiae.

MOLLEN, P. J., HOPKINS and MARTUSCELLO, JJ., concur with GULOTTA, J.; SHAPIRO, J., concurs in part and dissents in part, with an opinion.


GULOTTA, J.

The plaintiffs have secured a declaratory judgment invalidating the zoning ordinance of the Town of New Castle to the extent that it fails to make adequate provision for multifamily housing. (At the time this action was commenced, the ordinance totally excluded multifamily residential housing from the list of permitted uses. A subsequent amendment, examined in proposal form at the trial and enacted...

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