Pitaro v. Randolph

In an action for a declaratory judgment, defendants Town of Brookhaven and its town board appeal from so much of a judgment of the Supreme Court, Suffolk County, dated January 10, 1980, and made after a nonjury trial, as directed the town board to rezone plaintiffs’ property to the “J-Business-3” district, and held that the refusal to so rezone the property was discriminatory. Judgment reversed insofar as appealed from, on the law and the facts, with costs, and matter remanded to the defendant Town Board of the Town of Brookhaven to take such action as it deems proper under the circumstances.…