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LANDMARK v. COUNTY OF NASSAU

121 Misc.2d 23 (1983)

Landmark Colony at Oyster Bay, Plaintiff, v. Board of Supervisors of County of Nassau et al., Defendants.

Supreme Court, Special Term, Nassau County.

September 28, 1983

Attorney(s) appearing for the Case

Robinson & Cincotta for plaintiff. Edward G. McCabe, County Attorney (Edward Groarke of counsel), for defendants.

GEORGE A. MURPHY, J.

This is an action for declaratory judgment wherein the plaintiff Landmark Colony at Oyster Bay seeks, inter alia, a determination that Nassau County Ordinance No. 229-80, enacted May 19, 1980, is unconstitutional, illegal and void. Plaintiff also seeks to recoup from the County of Nassau a $15,000 penalty imposed on December 18, 1980 by the Nassau Planning Commission pursuant to this ordinance and thereupon paid under protest...

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