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Schour v. Incorporated Village of Lynbrook

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1966
25 A.D.2d 677 (N.Y. App. Div. 1966)

Opinion

March 21, 1966


In an action to declare void and unconstitutional the zoning ordinance enacted by the defendant Incorporated Village of Lynbrook on February 18, 1952, insofar as it affects certain real property owned by plaintiffs and situate in the village, and for other relief, defendant appeals from a judgment of the Supreme Court, Nassau County, entered August 27, 1965 after a nonjury trial, in plaintiffs' favor. Judgment affirmed, without costs. In our opinion, on the record presented, the determination of the Special Term that the ordinance as amended restricted plaintiffs' property to a use for which it is not reasonably adapted is supported by substantial evidence (cf. Vernon Park Realty v. City of Mount Vernon, 307 N.Y. 493; Mardine Realty Co. v. Village of Dobbs Ferry, 1 A.D.2d 789, affd. 1 N.Y.2d 902). Beldock, P.J., Ughetta, Brennan, Hopkins and Benjamin, JJ., concur.


Summaries of

Schour v. Incorporated Village of Lynbrook

Appellate Division of the Supreme Court of New York, Second Department
Mar 21, 1966
25 A.D.2d 677 (N.Y. App. Div. 1966)
Case details for

Schour v. Incorporated Village of Lynbrook

Case Details

Full title:HENRY SCHOUR et al., Respondents, v. INCORPORATED VILLAGE OF LYNBROOK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 21, 1966

Citations

25 A.D.2d 677 (N.Y. App. Div. 1966)