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  5. 66 N.Y.2d 544 (1985)
 

McMINN v. TOWN OF OYSTER BAY

66 N.Y.2d 544 (1985)

Robert McMinn et al., Respondents, v. Town of Oyster Bay et al., Appellants.

Court of Appeals of the State of New York.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Robert W. Schmidt, Town Attorney (George J. Farrell, Jr., William D. Wall and Eugene S. R. Pagano of counsel), for appellants.

Winifred Pasternack and Gerald P. Halpern for respondents.

George F. Carpinello for Council of Albany Neighborhood Associations, Inc., amicus curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE concur with Judge SIMONS; Judge KAYE concurs in a concurring opinion in which Judges JASEN and TITONE also concur.

SIMONS, J.

Plaintiffs are the owners and tenants of a four-bedroom house in Massapequa in the Town of Oyster Bay, Long Island, which is in violation of the Town zoning ordinance. They commenced this action against defendants, the Town of Oyster Bay, the Town Council and its supervisor and building inspector, for a declaration that that portion of the ordinance restricting...

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