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Burger King Corp. v. Village of Larchmont

52 A.D.2d 898 Court N.Y. App. Div. Decision date 1976-05-17 English

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p. 898
Burger King Corporation et al., Respondents, v Village of Larchmont et al., Appellants.

Judgment of the Supreme Court, Westchester County, entered June 30, 1975, affirmed, with one bill of costs to plaintiff Venerose. We agree with Special Term that the plaintiffs sustained their burden of proving that the amended zoning ordinance in question is unconstitutional and confiscatory as applied to their property (see Williams v Town of Oyster Bay, 32 NY2d 78 , 81-82). Cohalan, Acting P. J., Margett, Damiani, Rabin and Shapiro, JJ., concur.

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