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MATTER OF TERRACE MANOR CIVIC ASSOCIATION v. TOWN OF NORTH HEMPSTEAD

301 A.D.2d 534 (2003)

754 N.Y.S.2d 22

In the Matter of TERRACE MANOR CIVIC ASSOCIATION et al., Appellants, v. TOWN OF NORTH HEMPSTEAD et al., Respondents.

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

Decided January 13, 2003.

Ordered that the order and judgment is affirmed; and it is further,

Ordered that the order is affirmed, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment declaring that the rezoning, as adopted in the resolution dated April 18, 2000, did not constitute illegal spot zoning; and it is further,

Ordered that one bill of costs is awarded to the respondents.

The rezoning at issue did not allow for a use which was...

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