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BONNIE BRIAR SYNDICATE, INC. v. TOWN OF MAMARONECK

242 A.D.2d 356 (1997)

661 N.Y.S.2d 1005

Bonnie Briar Syndicate, Inc., Appellant, v. Town of Mamaroneck et al., Respondents

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

August 25, 1997

Ordered that the order and judgment is affirmed, with costs.

Zoning enactments have a strong presumption of constitutionality, and while such presumption may be rebutted, unconstitutionality must be demonstrated beyond a reasonable doubt (see, Clearwater Holding v Town of Hempstead, 237 A.D.2d 400; Curtiss-Wright Corp. v Town of E. Hampton, 82 A.D...

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