Legal Opinion

Eadie v. Town Board

New York Court of Appeals

Decided July 5, 2006PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

R.S. Smith, J.

The Town of North Greenbush has rezoned a large area of land to permit retail development. Petitioners seek to annul the rezoning. The case raises these three issues:

1. Did the rezoning require a three-fourths majority vote of the Town Board under Town Law § 265 (1)? We hold that it did not, because the petition that sought to require a supermajority vote was not signed, as section 265 (1) requires, by the owners of 20% of the land within 100 feet of the land included in the rezoning. The 100 feet must be measured from the boundary of the rezoned area, not…

2Cases cited13 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Save the Pine Bush, Inc. v. City of AlbanyNew York Court of Appeals · 1987
  3. Best Payphones, Inc. v. Department of Information Technology & TelecommunicationsNew York Court of Appeals · 2005
  4. Matter of City of Ny (Grand Lafayette)New York Court of Appeals · 2006
  5. Stop-The-Barge v. CahillNew York Court of Appeals · 2003

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3Cited by67 opinions

  1. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
  2. Residential and Agricultural Advisory Committee, LLC, an Iowa Limited Liability Company Matt Mescher Allan R. Demmer Catherine Demmer Wayne Ameskamp Sharon Ameskamp Vernon Boge Donald Boge Mary Ann Rubly John R. Rubly Dolores Thier Larry Thier Gary Burkle Cindy Burkle Wayne Vorwald Linda Vorwald Jeff Pape Gerald Wolf And Joanne Wolf v. Dyersville City Council, Mayor JameSupreme Court of Iowa · 2016
  3. Village of Chestnut Ridge v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2007
  4. Becker-Manning, Inc. v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 2014
  5. Beneke v. Town of Santa ClaraAppellate Division of the Supreme Court of the State of New York · 2007

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