Biedermann v. Town of Orangetown

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Town Board of the Town of Orangetown, dated July 23, 1984, which, after a hearing, approved a zoning change on a parcel of land owned by the intervenor, Pearl River Shop-Rite Associates, Inc., (1) the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Rockland County (Donovan, J.), dated February 6, 1985, as found that the change of zone did not constitute "spot zoning”, and further found that the petitioner’s protest filed pursuant to Town Law § 265 did not…