Legal Opinion · Dissent

Augenblick v. Town of Cortlandt

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1984Published

1Dissent

Lazer, J. P.,

dissents and votes to reverse the judgment appealed from and grant the petition, with the following memorandum in which Boyers, J., concurs: The issue here is the validity of certain actions of the Town Board and Planning Board of the Town of Cortlandt which resulted in the rezoning of a parcel of approximately 20 acres in the M-l light industrial district to permit installation of an asphalt manufacturing plant. Claiming that these actions illegally delegated legislative power to the Planning Board, violated uniformity requirements, and constituted spot zoning, the owners of…

2Cases cited20 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Syracuse Aggregate Corp. v. WeiseNew York Court of Appeals · 1980
  3. Town of Bedford v. Village of Mount KiscoNew York Court of Appeals · 1973
  4. Dexter v. Town BoardNew York Court of Appeals · 1975
  5. Tandem Holding Corp. v. Board of Zoning Appeals of HempsteadNew York Court of Appeals · 1977

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