Baier v. Town of Ellery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: In 1990, the Town of Ellery amended its zoning ordinance to reduce the minimum lot size requirement in the Warner Bay area from 20,000 to 10,000 square feet. Plaintiffs, residents of the district affected by the rezoning, sought judgment declaring the amendment invalid and a preliminary injunction preventing defendants from zoning or developing property in a manner inconsistent with the express purpose of the Town’s Comprehensive Plan.
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2Cases cited6 opinions
- Asian Americans for Equality v. KochNew York Court of Appeals · 1988
- St. Lawrence University v. Trustees of the Theological School of St. Lawrence UniversityNew York Court of Appeals · 1967
- Kravetz v. PlengeAppellate Division of the Supreme Court of the State of New York · 1982
- Albright v. Town of ManliusAppellate Division of the Supreme Court of the State of New York · 1970
- Medical World Publishing Co. v. KaufmanAppellate Division of the Supreme Court of the State of New York · 1968
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3Cited by4 opinions
- Lazore v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1993
- Gernatt Asphalt Products, Inc. v. Town of SardiniaAppellate Division of the Supreme Court of the State of New York · 1995
- Kovaleski v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Sanchez v. EckstromAppellate Division of the Supreme Court of the State of New York · 1994