Village of Sands Point v. Sands Point Country Day School

Decision Date09 July 1956
PartiesVILLAGE OF SANDS POINT, Appellant, v. SANDS POINT COUNTRY DAY SCHOOL, Marie L. Fetsch, Joseph T. Fetsch and Ted Levine, Respondents.
CourtNew York Supreme Court — Appellate Division

J. Oakey McKnight, Mineola, for plaintiff.

C. Ellis Schiffmacher, Great Neck, Charles C. Lockwood, Brooklyn, Howard A. Rochford, Jamaica, Jules Martin, Great Neck, of counsel.

Irving Mariash, New York City, for respondents.

In an action to enjoin the use of premises for a private school in violation of an amended zoning ordinance which prohibits such use without prior approval of the zoning board of appeals, the appeal is from a judgment dismissing the complaint on the merits, after trial, on the ground that a vested right to such use had been acquired prior to amendment of the ordinance. Judgment, Sup., 148 N.Y.S.2d 312, unanimously affirmed, with costs. No opinion.

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