Davlee Construction Corp. v. Town of Huntington

In this article 78 (Civ. Prac. Act) proceeding, the petitioners seek to compel the Town Board of the Town of Huntington to amend its building zone map to indicate that premises owned by the petitioners are located in a Residence O zone instead of a Residence B and B-l district. The *432respondents move to dismiss the petition for legal insufficiency, and for that reason the facts alleged in the petition are deemed admitted for the purpose of this proceeding.

The petitioners are the owners of real property located in the Cold Spring Harbor section in the Town of Huntington. The original Building…