[DOWNLOAD] "Edward Mcgowan v. Peter Cohalan Et Al." by Court of Appeals of New York * eBook PDF Kindle ePub Free
eBook details
- Title: Edward Mcgowan v. Peter Cohalan Et Al.
- Author : Court of Appeals of New York
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
[41 N.Y.2d 434 Page 435] Appellant challenges the constitutionality of the current zoning classification for 4.7 acres of unimproved land* in the Town of Islip which he has owned, either directly or through wholly owned corporations, for over 20 years. When originally purchased, the property was zoned Residential A, a classification primarily structured for single-family residential development. In May, 1971, the property was rezoned, at appellant's request, Industrial I to permit commercial development. A declaration of covenants and restrictions, which was filed by appellant in support of the zoning change, required appellant to maintain a six-foot high fence between his parcel and those of adjoining property owners, and to deed a strip of land to the county to accommodate potential widening of the adjacent street. Despite the change in the zoning, appellant never improved his property for industrial usage. In January, 1974, the town board, acting in response to community requests, reinstated the prior Residential A zoning classification. Appellant commenced an action for a judgment declaring the 1974 rezoning unconstitutional and for an injunction against its enforcement. After a trial, Special Term granted the relief requested. On appeal, the Appellate Division reversed and directed the entry of a judgment declaring the rezoning constitutional. (51 A.D.2d 972.) We would affirm the order of the Appellate Division.