Legal Opinion
Benderson Development Co. v. City of Utica
New York Supreme Court
Decided September 7, 2004PublishedCited by 1 opinion
1Opinion of the Court
*468OPINION OF THE COURT
Anthony F. Shaheen, J.
This verified CPLR article 78 petition and complaint seek to annul and vacate Utica City Code § 2-29-123 (6) (a) (i), which requires a “three-fourths” vote of the Common Council to amend the City of Utica Zoning Ordinance when there is an adverse recommendation to the proposed amendment by the Planning Board, and also to compel the Common Council to enact an amendment to its Zoning Ordinance based on its 6-3 vote in favor of said amendment.
Parties:
Plaintiff-petitioner Benderson Development Company, Inc. is a privately owned development company which…
2Cases cited5 opinions
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Elkind v. City of New RochelleNew York Supreme Court · 1957
- Homefield ass.yonkers, N.Y. v. FrankNew York Court of Appeals · 1948
- Elkind v. City of New RochelleNew York Court of Appeals · 1958
- City of New York v. Town of Blooming Grove Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 2003