Legal Opinion
County of Herkimer v. Village of Herkimer
Appellate Division of the Supreme Court of the State of New York
Decided September 27, 2013Published
1Opinion of the Court
Appeal from a judgment (denominated order and judgment) of the Supreme Court, Herkimer County (Erin E Gall, J.) entered August 23, 2012 in a CPLR article 78 proceeding and declaratory judgment action. The judgment declared null and void the February 6, 2012 amendment to the Village of *1167Herkimer’s zoning ordinance, denied the motions of respondent-defendant to dismiss and strike and reserved decision with respect to sewer and municipal services.
It is hereby ordered that the judgment so appealed from is unanimously modified on the law by vacating the declaration and as modified the judgment is…
2Cases cited8 opinions
- New York Public Interest Research Group, Inc. v. CareyNew York Court of Appeals · 1977
- Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
- Asian Americans for Equality v. KochNew York Court of Appeals · 1988
- Incorporated Village of Nyack v. Daytop Village, Inc.New York Court of Appeals · 1991
- In re the County of MonroeNew York Court of Appeals · 1988
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