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MATTER OF LOUJEAN PROPS., INC. v. TOWN BD. OF THE TOWN OF OYSTER BAY

160 A.D.2d 797 (1990)

In the Matter of Loujean Properties, Inc., Respondent, v. Town Board of the Town of Oyster Bay et al., Appellants

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

April 9, 1990

Ordered that the judgment is reversed insofar as appealed from, with costs, and it is declared that the resolution denying the plaintiff's application for a rezoning is constitutional.

In order to prove that an unconstitutional taking has occurred, a landowner must prove that the subject property cannot yield an economically reasonable return as zoned (see, de St. Aubin v Flacke, 68 N.Y.2d 66, 76-77; Spears v Berle...

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