MATTER OF LINCOLN AVE. ASSOCS. v. TOWN OF ISLIP


96 A.D.2d 946 (1983)

In the Matter of Lincoln Avenue Associates, Appellant, v. Town of Islip et al., Respondents

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

August 29, 1983


Judgment modified, on the law, proceeding converted into an action for a declaratory judgment, and it is declared that the town resolutions of December 16, 1969 and March 24, 1970 are invalid and in all other respects petition dismissed. As so modified, judgment affirmed, without costs or disbursements.

In 1968, petitioner's predecessor in title applied to the Islip Town Board to have the subject premises, then zoned "Residence B", reclassified to "Industrial I"....

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