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TILLES INV. v. TN. HUNTINGTON

137 A.D.2d 118 (1988)

Tilles Investment Company, Respondent-Appellant, v. Town of Huntington, Appellant-Respondent

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

May 16, 1988

Attorney(s) appearing for the Case

Herbert A. Smith, Jr., Town Attorney, for appellant-respondent.

Goldstein & Rubinton, P. C. (Arthur Goldstein of counsel), for respondent-appellant.

MOLLEN, P. J., SPATT and SULLIVAN, JJ., concur.

BRACKEN, J.

On this appeal, the plaintiff landowner claims that the application of a local zoning ordinance to its land is unconstitutional. This claim is premised not so much upon an assertion that the restriction on land use contained in the ordinance constitutes a "taking" of its property in violation of the Just Compensation Clause of the Fifth Amendment (US Const...

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