Fusco v. Town of Oyster Bay

This is an action for a judgment declaring the zoning ordinance of the town unconstitutional insofar as it prohibits the subject property from being used for a gasoline service station.

The plaintiffs claim that they have diligently sought to put the property to profitable and productive use in accordance with the uses permitted by the ordinance, but have been unable to develop any interest in it except as a gasoline service station; that the only use for which the property is reasonably suited of *73adapted is as a gasoline service station; and that the property is therefore not reasonably…