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ALLEN v. NORTH HEMPSTEAD

121 Misc.2d 795 (1983)

Leonard P. Allen et al., Plaintiffs, v. Town of North Hempstead et al., Defendants.

Supreme Court, Special Term, Nassau County.

November 18, 1983

Attorney(s) appearing for the Case

Ronald J. Rosenberg for plaintiffs. Robert F. Dolan, Town Attorney, for Town of North Hempstead, defendant. D'Amato, Forchelli, Schwartz & Mineo for KLM & M Developers, Inc., defendant.

VINCENT R. BALLETTA, J.

This action comes before the court as a submission upon an agreed statement of facts pursuant to CPLR 3222. Plaintiffs are seeking a declaration that a portion of the zoning ordinance of the Town of North Hempstead is unconstitutional and invalid. Specifically, the provision under attack is contained in chapter 70 (art X, § 70-89) of the code of ordinance of the town.

Article X provides for a Golden Age Residence District...

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