Mayflower Associates v. Town of North Hempstead

In an action, inter alia, for a judgment declaring that a zoning ordinance of the defendant Town of North Hempstead is unconstitutional, illegal, and void as applied, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Yachnin, J.), entered April 7, 1994, which granted the defendants’ motion for summary judgment dismissing the complaint and denied its cross motion for leave to amend the complaint.

Ordered that the order and judgment is modified by adding thereto a provision declaring that the zoning ordinance of the defendant Town of North…