WATER CLUB HOMEOWNER'S ASSOCIATION, INC. v. TOWN BOARD OF TOWN OF HEMPSTEAD


16 A.D.3d 678 (2005)

792 N.Y.S.2d 533

WATER CLUB HOMEOWNER'S ASSOCIATION, INC., et al., Appellants, v. TOWN BOARD OF TOWN OF HEMPSTEAD et al., Respondents.

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

March 28, 2005.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Nassau County, for the entry of a judgment, inter alia, declaring that paragraph 9 of the Declaration of Covenants, Restrictions, Easements, Charges, and Liens by Water Club Associates is legal.

The plaintiffs, the Water Club Homeowner's Association, Inc., and certain unit owners (hereinafter the plaintiffs) comprise a gated community within the Atlantic Beach Estates...

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