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MATTER OF WIEHE v. TOWN OF BABYLON

169 A.D.2d 728 (1991)

In the Matter of Valerie Wiehe, as Administratrix of The Estate of George Wiehe, Deceased, et al., Respondents-Appellants, v. Town of Babylon et al., Appellants-Respondents. (Matter No. 1.) Valerie Wiehe, as Administratrix of The Estate of George Wiehe, Deceased, et al., Respondents-Appellants, v. Town of Babylon et al., Appellants-Respondents. (Matter No. 2.)

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

January 14, 1991

Ordered that the cross appeal is dismissed as abandoned; and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the facts, and the petition is dismissed; and it is further,

Ordered that the appellants-respondents are awarded one bill of costs.

After a trial without a jury, the Supreme Court declared that the newly-enacted zoning ordinance challenged by the petitioners-plaintiffs was constitutional, but nevertheless granted...

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