Lusk v. Town of Eastchester

In an action, inter alia, to declare that the R-10 residential zoning classification imposed upon plaintiffs’ property by the zoning ordinance of the Town of Eastchester is unconstitutional, defendants appeal from a judgment of the Supreme Court, Westchester County, dated May 9, 1977, which, after a nonjury trial, declared (1) that the classification was unconstitutional as applied to that property and (2) the zoning classifications R-7.5, R-6, R-5 and R-3 are unconstitutional when applied to plaintiffs’ property. Judgment modified, on the law, by deleting the third decretal paragraph…