Blumenreich Properties, Inc. v. Waters

, Cortland A. Johnson, J.

This is a proceeding under article 78 of the Civil Practice Act, whereby petitioner seeks to review a refusal by the Oyster Bay Town Board of petitioner’s application to "install a public garage and gasoline filling station on premises at Merrick Road and Glen Road, Massapequa. The property involved is in an “ F ” Business District, wherein the use sought is a permitted use, when allowed by the Town Board after a public hearing. Such a hearing was held upon petitioner’s application. Three reasons were stated by the Town Board for the denial of the application. The…