Legal Opinion

Town of Oyster Bay v. Forte

New York Supreme Court

Decided August 15, 1961PublishedCited by 10 opinions

1Opinion of the CourtJoseph A. Suozzi, J.

This is a motion for judgment on the pleadings in a declaratory judgment action. [See 30 Mise 2d 920.] A resumé of the background of this case is necessary for a complete understanding thereof.

In 1956 the defendant submitted to the Town of Oyster Bay an application to rezone property owned by him in a residence “ B ” and “ O ” District to an Industrial “ H ” classification. Vigorous opposition was voiced by the owners of residential dwellings in the surrounding area. At the public hearing on the application, the defendant voluntarily agreed to impose various restrictions on his property,…

2Cases cited5 opinions

  1. Mitchill v. LathNew York Court of Appeals · 1928
  2. Gracie Square Realty Corp. v. Choice Realty Corp.New York Court of Appeals · 1953
  3. People ex rel. Norwich Pharmacal Co. v. PorterAppellate Division of the Supreme Court of the State of New York · 1930
  4. Dwyer v. Town of Oyster BayNew York Supreme Court · 1961
  5. Cinema Corp. of America v. De MilleNew York Supreme Court · 1933

3Cited by10 opinions

  1. Jerome Schurr v. Austin Galleries of Illinois, Inc., A/K/A Austin Publishing CompanyCourt of Appeals for the Second Circuit · 1983
  2. Fizzinoglia v. Carrero (In Re Carrero)United States Bankruptcy Court, S.D. New York · 1988
  3. Audiovisual Publishers, Inc. v. Cenco Inc.District Court, S.D. New York · 1997
  4. State v. WallisCourt of Civil Appeals of Alabama · 1972
  5. Barcia v. SitkinDistrict Court, S.D. New York · 1994

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