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TN OF NO HEMPSTEAD v. EXXON

73 A.D.2d 377 (1980)

Town of North Hempstead, Respondent, v. Exxon Corporation, Appellant. (Action No. 1.) Mobil Oil Corporation, Appellant, v. Town of North Hempstead, Respondent. (Action No. 2.)

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

March 24, 1980

Attorney(s) appearing for the Case

George A. Burrell for Exxon Corporation, appellant.

Chase, Rathkopf & Rathkopf (Arden H. Rathkopf and Daren A. Rathkopf of counsel), for Mobil Oil Corp., appellant.

Joseph A. Guarino, Town Attorney (Bruce W. Migatz of counsel), for respondent.

LAZER, J. P., MANGANO and COHALAN, JJ., concur.

O'CONNOR, J.

Local Law No. 1-1976 of the Town of North Hempstead expressly prohibits the installation and use of self-service gasoline stations in the town. The evidence adduced at trial fails to establish that the ordinance bears a rational relation to the goal of preventing fires and other casualties at gasoline stations. For this reason, we hold that the enactment of Local Law No. 1-1976 was an unlawful exercise...

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