Weinberg v. Town of Clarkstown
New York Supreme Court
1Opinion of the CourtMorrie Slifkin, J.
In an action for declaratory judgment, defendants move for an order dismissing the complaint on the grounds (1) it fails to state a cause of action, and (2) that plaintiff lacks standing to sue.
Defendant Elinor Homes Company has obtained the approval of the Town of Board of the Town of Clarkstown for a zone change which permits said defendant to construct an apartment house complex on property situate within the Town of Clarkstown and within the school district of the adjoining Town of Ramapo. (Resolution of Clarkstown Town Board, dated Dec. 20, 1972; vote of 3 to 2.)
Plaintiff, a taxpayer…
2Cases cited8 opinions
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Marcus v. Village of MamaroneckNew York Court of Appeals · 1940
- Roosevelt v. . DraperNew York Court of Appeals · 1861
- Weekes v. O'ConnellNew York Court of Appeals · 1952
- Matter of Kilgus v. Bd. of Estimate of City of NyNew York Court of Appeals · 1955
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3Cited by7 opinions
- Board of County Commissioners v. City of ThorntonSupreme Court of Colorado · 1981
- Riverhead Park Corp. v. CardinaleDistrict Court, E.D. New York · 2012
- City of Thornton v. BD. OF CTY. COM'RS, ETC.Colorado Court of Appeals · 1979
- Suffolk Housing Services v. Town of BrookhavenNew York Supreme Court · 1977
- Vanderveer v. VanrouwendaalNew York Supreme Court · 1977
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