Levitt & Sons, Inc. v. Young

This is a proceeding pursuant to article 78 of the Civil Practice Act “for an order directing the respondent forthwith to approve the petitioner’s application for a building permit and to issue such permit.” Upon the return day of the application, both court and counsel agreed that triable issues were presented, and a trial thereof has since been held.

Petitioner is the owner of approximately 425 acres of land at Island Trees, near Hicksville, in the town of Hempstead, Nassau County. It has started to develop its said land as a planned suburban residential community,- consisting of…