Elam Sand & Gravel Corp. v. Town of West Bloomfield

Appeal from an order of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered October 27, 2014 in a CPLR article 78 proceeding and declaratory judgment action. The *1671order granted the cross motion of defendants-respondents Sue S. Stewart, Neighbors to Support West Bloomfield and Citizens to Support West Bloomfield to dismiss the 12th cause of action.

It is hereby ordered that the order so appealed from is unanimously-reversed on the law without costs, the cross motion is denied and the 12th cause of action is reinstated.

Memorandum: Plaintiffs-petitioners (petitioners) appeal from an…