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WESTWOOD ESTATES v. VIL. OF S. NYACK

23 N.Y.2d 424 (1969)

Westwood Forest Estates, Inc., Respondent, v. Village of South Nyack, Appellants.

Court of Appeals of the State of New York.

Decided January 8, 1969.

Attorney(s) appearing for the Case

Lynne Anderson Warren, Village Attorney, for appellant.

J. Robert Bleakley, Frederick G. Schmidt and John F. Minicus for respondent.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN concur.

BREITEL, J.

This appeal involves the constitutional invalidity of an amendment to a zoning ordinance of the Village of South Nyack. The offending amendment barred the new construction of multiple dwellings throughout the village. The reason for adopting the amendment was concededly to alleviate the burden on the village's sewage disposal plant, and not because of any requirement of or change in the comprehensive...

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