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FARAHZAD v. TOWN BD. OF THE TOWN OF RIVERHEAD

220 A.D.2d 379 (1995)

631 N.Y.S.2d 895

Parviz Farahzad, Appellant, v. Town Board of the Town of Riverhead, Respondent

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

October 2, 1995

Ordered that the judgment is affirmed, with costs.

Because zoning is a legislative act, zoning ordinances and amendments enjoy a strong presumption of constitutionality, and the burden rests on the party challenging them to overcome that presumption beyond a reasonable doubt (see, Robert E. Kurzius, Inc. v Incorporated Vil. of Upper Brookville, 51 N.Y.2d 338, 344; see also, Asian Ams. for Equality v Koch...

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