Koston v. Town of Newburgh

Plaintiff is the owner of approximately four acres of land in the Town of Newburgh, Orange County, New York. Said property abuts the south side of a State highway known as Route 52, and, according to the Zoning Ordinance of said town which became effective April 20, 1956, is located in a “business and industrial” zone (Zoning Ordinance, art. II, § 2.o).

Plaintiff acquired the subject property on July 28, 1947. The premises are improved with a three-family apartment house, one of said apartments being occupied by plaintiff, and the remainder of the property is unimproved.

This action has been…