Legal Opinion

Brous v. Town of Hempstead

Appellate Division of the Supreme Court of the State of New York

Decided March 24, 1947Published

1Opinion of the CourtCarswell, J.

The "action is for a declaratory judgment in respect of plaintiff’s rights under certain zoning ordinances.

Plaintiff is the owner of a parcel of land in Atlantic Beach, Long Island, located, under the zoning ordinances, in a business district. The property has a beach frontage of some 210 feet on the ocean. He conducts a commercial venture thereon which consists of a restaurant and certain bathhouses and cabanas. ' The use of the latter is had under the device of conducting the enterprise for profit as a nominal “ club.” Some of the bathhouses and cabanas on the property were destroyed in the…

2Cases cited19 opinions

  1. Panama Refining Co. v. RyanSupreme Court of the United States · 1935
  2. Washington Ex Rel. Seattle Title Trust Co. v. RobergeSupreme Court of the United States · 1928
  3. Matter of Otto v. SteinhilberNew York Court of Appeals · 1939
  4. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  5. Cancemi v. . the PeopleNew York Court of Appeals · 1858

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