LITTLE JOSEPH REALTY, INC. v. TOWN BOARD OF THE TOWN OF BABYLON


52 A.D.3d 478 (2008)

859 N.Y.S.2d 696

LITTLE JOSEPH REALTY, INC., Appellant, v. TOWN BOARD OF THE TOWN OF BABYLON et al., Respondents.

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

Decided June 3, 2008.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

A Town's zoning power must be exercised "in accordance with a comprehensive plan" (Town Law § 263; see Asian Ams. for Equality v Koch, 72 N.Y.2d 121, 131 [1988]). Spot zoning is the process of singling out a small parcel of land, for a use classification totally different from that of the surrounding area, for the benefit of the owner...

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