Tape Vee Corp. v. Town Board of Town of Hempstead
Opinion of the Court
In a proceeding pursuant to CPLR article 78 to annul two resolutions of the Town Board of the Town of Hempstead, the first approving a site plan as to property of the intervenor, Aurora Plastics Corp. and the second amending the first as to parking facilities, the Town Board (as limited by its brief) and the intervenor appeal from so much of a judgment of the Supreme Court, Massau County, dated January 2, 1968, as vacated and annulled said resolutions. Judgment reversed insofar as appealed from, on the law, with a separate bill of $10 costs and disbursements to each appellant, and petition dismissed on the merits. Mo questions of fact were considered. The Building Zone Ordinance of the Town of Hempstead required the intervenor to “provide off-street automobile parking spaces either on * * * [its] premises or off [its] premises within three hundred feet of such premises ” for at least 361 automobiles. More than the requisite number of parking spaces have been provided if the spaces on land leased by Aurora from the Village of Garden City are included. Special Term held that the leased land may not be deemed to have provided parking area within the meaning of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.