Town of Greenburgh v. Bobandal Realties, Inc.

This action stems from an attempt by respondent, Town of G-reenburgh, to enjoin appellants from using two parcels of land (37A and 19A), owned by the corporate appellant, Bobandal Realties, Inc., for purposes allegedly not permitted uses under the town’s present zoning ordinance.

We are presented with the affirmed finding of fact — and it is undisputed—that appellant Bobandal, at the time the present zoning ordinance took effect, was operating a restaurant and bar on parcel 19A and a swimming pool on the adjoining parcel 37A. It is further undisputed that these parcels are situated in a…