Ryan Homes, Inc. v. Town Board of Mendon
New York Supreme Court
1Opinion of the Court
OPINION OF THE COURT
Robert J. Lunn, J.
In this hybrid CPLR article 78 special proceeding and declaratory judgment action, petitioners-plaintiffs seek a judgment declaring that a resolution of the Hendon Town Board to rezone certain real property in the Town of Hendon was duly adopted by a simple majority vote and also declaring that the written protest petitions filed by respondents-defendants requiring a “supermajority” vote in order to rezone were void. The “neighbor” respondents-defendants cross-move to amend their answer to assert various cross claims and counterclaims. In turn,…
2Cases cited19 opinions
- Sun-Brite Car Wash, Inc. v. Board of Zoning & AppealsNew York Court of Appeals · 1987
- Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
- Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
- Gernatt Asphalt Products, Inc. v. Town of SardiniaNew York Court of Appeals · 1996
- Mobil Oil Corp. v. Syracuse Industrial Development AgencyNew York Court of Appeals · 1990
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3Cited by6 opinions
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- Ferraro v. Town Board of Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2010
- Eadie v. Town Board of North GreenbushAppellate Division of the Supreme Court of the State of New York · 2005
- Eadie v. Town BoardNew York Supreme Court · 2005
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