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BREED v. TOWN OF CLAY

21 Misc.2d 856 (1959)

Wallace E. Breed et al., Individually and Doing Business as Northern Auto Parts, Plaintiffs, v. Town of Clay, Defendant.

Supreme Court, Special and Trial Term, Onondaga County.

November 4, 1959.

Attorney(s) appearing for the Case

R. J. & P. R. Shanahan for plaintiffs.

Melvin & Melvin (Louis Young of counsel), for defendant.

WILLIAM E. McCLUSKY, J.

This is an action for a declaratory judgment, adjudging that the zoning ordinance adopted by the Town of Clay was and is unconstitutional and of no effect insofar as plaintiffs herein are concerned.

The Town of Clay is one of the townships of the County of Onondaga. Pursuant to article 16 of the Town Law of the State of New York, the Town Board enacted a zoning ordinance for the...

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