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COLLARD v. INCORPORATED VILLAGE OF FLOWER HILL

No. 861, Docket 84-7996.

759 F.2d 205 (1985)

Allison C. COLLARD and Julia A. Collard, Plaintiffs-Appellants, v. The INCORPORATED VILLAGE OF FLOWER HILL, the Board of Trustees; William R. Howe, Building Inspector; Herbert Ash; Thomas J. Walsh, Robert S. Caine, Alfred E. Runge, and the Zoning Board of Appeals of the Incorporated Village of Flower Hill, and John M. Farrell, Esq., Village Attorney, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 26, 1985.

Attorney(s) appearing for the Case

Joseph P. Hoey, Mineola, N.Y. (Suozzi, English & Klein, P.C., Mineola, N.Y., Lois Carter Schlissel, Kenneth L. Gartner, Mineola, N.Y., of counsel), for appellees.

Joseph R. McPhee, Roslyn, N.Y. (Collard, Roe & Galgano, P.C., Roslyn, N.Y., Thomas M. Galgano, Allison C. Collard, Rosyln, N.Y., of counsel), for appellants.

Before KAUFMAN and MESKILL, Circuit Judges, and MacMAHON, District Judge.

PER CURIAM:

Appellants are owners in fee of a parcel of real property located in the Incorporated Village of Flower Hill, New York. Their predecessor in title had executed and recorded a convenant, which provided that no building situated on the property would be enlarged without the prior consent of the Board of Trustees of the Village. In 1978, appellants petitioned the Board for its consent to enlarge the existing structure. When the petition was denied, they brought...

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