Savatgy v. City of Kingston

Defendant Income Fund Enterprises Corporation, pursuant to section 83 of the General City Law, petitioned the Common Council of the City of Kingston to reclassify its property to permit construction of garden-type apartments. Neighboring property owners protested and, such a protest haying been made, section 83 of the General City Law required a three-fourths vote of the council to pass the amendment requested. Eleven members of the 13-inember council were present when the amendment was voted upon. Nine voted for the amendment and 2 against it. In this action by property owners, the…