Emjay Properties v. Town of Brookhaven

In an action for a declaratory judgment, defendant Town of Brookhaven appeals, as limited by its notice of appeal and its brief, from so much of a judgment of the Supreme Court, Suffolk County, dated January 29,1973 and made after a nonjury trial, as directed that plaintiff’s property be utilized in accordance with the MF-2 Residence District designation set forth in said town’s zoning ordinance. Judgment reversed insofar as appealed from, on the law, without costs, and matter remanded to the defendant Town Board of the Town of Brookhaven to consider and determine the question whether the…