RUSSO v. TOWN OF EAST HAMPTON


87 A.D.2d 607 (1982)

Christopher Russo et al., Respondents, v. Town of East Hampton et al., Appellants

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

March 15, 1982


Judgment reversed, on the law, with costs, and it is declared that plaintiffs failed to sustain their burden of establishing that the ordinance is unconstitutional insofar as applied to plaintiffs' property.

"[W]hen we deal with a challenge to the constitutionality of an ordinance as applied to a particular piece of property, the burden is entirely upon the challenger to demonstrate beyond a reasonable doubt that the property...

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