Isen Contracting Corp. v. Town of Oyster Bay

While the evidence presented a question of fact as to whether the amendment constituted spot zoning, nevertheless plaintiff offered no evidence warranting a finding that by the enactment of the amendment it had suffered detriment or that there was waste of the funds of the town. (Bowery Sav. Bank v. Plymouth Colony Corp., 254 App. Div. 870 .) Present — Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.