Legal Opinion

Schwartz v. Lee

New York Supreme Court

Decided April 27, 1966PublishedCited by 1 opinion

1Opinion of the CourtDaniel G. Albert, J.

This is an action to declare void and unconstitutional the Zoning Ordinance enacted by the defendant, Village of Muttontown, on November 16, 1959, insofar as it affects property owned by plaintiff in the village.

Plaintiff is the owner of an 18-acre parcel of real property located in the Incorporated Village of Muttontown, which, by the alleged Building Zone Ordinance, was classified a Residence 1£A-3” District, thus limiting the use of said property to the construction of detached one-family residences on lots measuring a minimum of one-half acre.

Plaintiff’s property is located on the…

2Cases cited9 opinions

  1. Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
  2. Dowsey v. Village of KensingtonNew York Court of Appeals · 1931
  3. Matter of Larkin Co. v. SchwabNew York Court of Appeals · 1926
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Vernon Park Realty, Inc. v. City of Mount VernonNew York Court of Appeals · 1954

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3Cited by1 opinion

  1. Susquehanna Development, L. L. C. v. Assessor of the City of BinghamtonNew York Supreme Court · 2000

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