Legal Opinion
Orange Fibre Mills, Inc. v. City of Middletown
New York Supreme Court
Decided April 20, 1978Published
1Opinion of the Court
OPINION OF THE COURT
John W. Sweeny, J.
In this action plaintiff seeks a judgment declaring that an amendment to the defendant city’s zoning law is void because it constitutes "spot zoning.” The individual defendant, supported by the defendant municipality, has moved for summary judgment.
On April 11, 1977, the City of Middletown amended its zoning map to change the zoning of a 3.35 acre parcel of land owned by defendant Kuhl from I-3 (Heavy Industrial-Re*234stricted District) to I-2 (Heavy Industry). As a result of this action, the individual defendant intends to use this property to establish a…
2Cases cited7 opinions
- Douglaston Civic Ass'n v. GalvinNew York Court of Appeals · 1974
- Cord Meyer Development Co. v. Bell Bay Drugs, Inc.New York Court of Appeals · 1967
- Town of North Hempstead v. Village of North HillsNew York Court of Appeals · 1975
- In re St. Basil's Church of UticaNew York Supreme Court · 1925
- Suffolk Housing Services v. Town of BrookhavenNew York Supreme Court · 1977
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