Nierel v. Town of Oyster Bay

Petitioners bring this proceeding, pursuant to article 78 of the Civil Practice Act, for an order in the nature of mandamus directing the respondents to eliminate section 13 of the “ Merchandise or Public Mart Ordinance of the Town of Oyster Bay ” from the notice of enactment thereof, and for other relief.

On October 17, 1950, the Town Board of Oyster Bay, after a public hearing, adopted the first twelve sections of said ordinance. On the same day another section, which had not been proposed, published or discussed at the public hearing, was adopted by the respondents at an executive session…