Marsh v. Town of Huntington

In a proceeding pursuant to article 78 of the CPLR inter alia to compel appellant, the Town of Huntington, to issue a building permit to petitioners, the appeal is from a judgment of the Supreme Court, Suffolk County, dated May 11,1972, which directed appellant to issue such permit. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a hearing on the issue of fact as to whether or not appellant unreasonably and willfully delayed in issuing a building permit so as to prevent petitioners from acquiring a vested right prior to the appellant town’s…