Jones v. Town of Carroll

Appeal from a judgment (denominated order and judgment) *1217of the Supreme Court, Chautauqua County (Paula L. Feroleto, J.), entered September 26, 2005. The judgment, inter alia, declared that sections 2 and 3 of the Town of Carroll Local Law No. 1 for the year 2005 are invalid as applied to acreage owned and operated by plaintiffs.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the second decretal paragraph and as modified the judgment is affirmed without costs.

Memorandum: In June 1984 plaintiff Donald J. Jones (Jones)…