Emmett v. Town of Edmeston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCardona, P.J.
Appeal from a judgment of the Supreme Court (Dowd, J.), entered August 19, 2002 in Otsego County, which, in a proceeding pursuant to CPLR article 78, denied a motion by respondents Darryl Barton and Kim Barton to dismiss the petition.
A zoning ordinance enacted by respondent Town of Edmeston, Otsego County, prohibits the installation of mobile homes on property located in its “R-HD Residential Hamlet District.” Respondents Darryl Barton and Kim Barton (hereinafter collectively referred to as respondents), owners of real property in that district, applied for a land use variance to install a…
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