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BEVERLY HILLS CEMETERY CORP. v. TOWN OF PUTNAM VALLEY

136 A.D.2d 669 (1988)

Beverly Hills Cemetery Corporation, Appellant, v. Town of Putnam Valley et al., Respondents

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

January 25, 1988

Ordered that the judgment is affirmed, with costs.

The petitioner Beverly Hills Cemetery Corporation owns 95.847 acres of land located within the Town of Putnam Valley, which land is dedicated solely for cemetery purposes. The petitioner has operated the land as a cemetery since its incorporation in 1930. The respondent town enacted certain zoning regulations in 1940, which provided, inter alia, that a cemetery was not a permitted use in any district of the...

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