Klein v. Town of Oyster Bay

In an action to declare the Building Zone Ordinance of the Town of Oyster Bay unconstitutional as applied to the plaintiffs’ real property, the defendant town *599appeals from a judgment of the Supreme Court, Nassau County (Balletta, J.), entered December 15,1980 and made after a nonjury trial, which (1) declared the ordinance to be discriminatory as applied to the plaintiffs’ property, and (2) directed that the plaintiffs be granted a change of zone “from ‘D’ Residence * * * to a ‘Business’ or ‘Commercial’ District.” Judgment reversed, on the law, without costs or disbursements, and matter…