Ughetta, Acting P. J. (dissenting). Assuming the factual allegations of the complaints to be true, plaintiffs Bottkamp (in the one complaint) are owners, and plaintiffs (in the companion complaint) are lessees, of a parcel of real estate in *378 defendant town. Application for a permit to build a diner thereon was willfully refused on May 9, 1955 by defendant Young, who is…
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