Legal Opinion

Fra-Nat Builders, Inc. v. Town of Oyster Bay

New York Supreme Court

Decided February 16, 1959PublishedCited by 2 opinions

1Opinion of the CourtMario Pittoni, J.

This is an action for a judgment declaring unconstitutional and invalid a zoning ordinance which makes the area in which the subject premises are located “ Residence D.” The plaintiff alleges that the surrounding area “ has been so changed to business use as to make the best use of the subject premises at this time ‘ Business ’ * * * The defendant Town Board has denied the plaintiff’s petition to rezone the subject premises from “ Residence D ” to “ Business F.”

The subject property fronts 263.34 feet along the easterly side of Merritt Road, a moderately traveled two-lane macadam road, in the…

2Cases cited6 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
  3. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
  4. Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
  5. Green Point Savings Bank v. Board of Zoning AppealsNew York Court of Appeals · 1939

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. McCabe v. Town of Oyster BayNew York Supreme Court · 1960
  2. O'Kula v. MeadeAppellate Division of the Supreme Court of the State of New York · 1969

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