Legal Opinion
Gernatt Asphalt Products, Inc. v. Town of Sardinia
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1995PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Fallon, J.
Petitioner, Gernatt Asphalt Products, Inc. (Gernatt), appeals from a judgment of Supreme Court that converted its CPLR article 78 proceeding seeking to annul amendments to the Town of Sardinia Zoning Ordinance to an action for declaratory judgment and declared that the aforesaid amendments had been validly and constitutionally enacted.
Gernatt contends on appeal that respondents (Town) improperly adopted those amendments to the Zoning Ordinance because they were different from the proposed amendments, thereby violating the notice requirements of Town Law §§ 264…
2Cases cited68 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
- Chinese Staff & Workers Ass'n v. City of New YorkNew York Court of Appeals · 1986
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3Cited by4 opinions
- Patterson Materials Corporation v. Town of PawlingAppellate Division of the Supreme Court of the State of New York · 1995
- Brander v. Town of WarrenNew York Supreme Court · 2007
- Matter of Seneca Meadows, Inc. v. Town of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 2024
- Village of Savona v. Knight Settlement Sand & Gravel, Inc.Appellate Division of the Supreme Court of the State of New York · 1995