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KURZIUS v. UPPER BROOKVILLE

51 N.Y.2d 338 (1980)

Robert E. Kurzius, Inc., et al., Respondents, v. Incorporated Village of Upper Brookville, Appellant.

Court of Appeals of the State of New York.

Decided November 20, 1980.

Attorney(s) appearing for the Case

Joseph L. Tobin, Jr., for appellant.

John M. Armentano, George J. Farrell, Jr., and Robert V. Guido for respondents.

Gus Bauman for National Association of Home Builders and others, amici curiae.

William H. Mathers for Village of Cove Neck, amicus curiae.

Edward N. Costikyan and Steven S. Honigman for North Shore Area Mayors Joint Municipal Survey Committee, amicus curiae.

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

GABRIELLI, J.

Plaintiffs, in this action for a declaratory judgment, attack a zoning ordinance of the defendant Village of Upper Brookville which creates, in certain areas of the village, minimum lot requirements of five acres. The ordinance in question was adopted some 20 years ago and, while plaintiffs originally attacked the ordinance on various grounds, the Appellate Division by its holding and the plaintiffs...

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