Fra-Nat Builders, Inc. v. Town of Oyster Bay
New York Supreme Court
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
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Rodgers v. Village of TarrytownNew York Court of Appeals · 1951
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Shepard v. Village of SkaneatelesNew York Court of Appeals · 1949
- Green Point Savings Bank v. Board of Zoning AppealsNew York Court of Appeals · 1939
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3Cited by2 opinions
- McCabe v. Town of Oyster BayNew York Supreme Court · 1960
- O'Kula v. MeadeAppellate Division of the Supreme Court of the State of New York · 1969