Davlee Construction Corp. v. Town of Huntington

In a proceeding under article 78 of the Civil Practice Act, to require the Town of Huntington and its Town Board to amend forthwith the Town’s Building Zone Map so as to show thereon the petitioners’ real property as described in the petition, to be classified as Residence “ C ” property under the Town’s Building Zone Ordinance, the town and Town Board appeal from an order of the Supreme Court, Nassau County, dated December 19,1961, which: (1) denied their motion to dismiss the petition for legal insufficiency; (2) denied leave to them to serve and file an answer to the petition; and (3)…