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APTON v. CITY OF ROCHESTER

22 Misc.2d 113 (1960)

Vincent P. Apton et al., Plaintiffs, v. City of Rochester, Defendant.

Supreme Court, Monroe County.

March 3, 1960.

Attorney(s) appearing for the Case

Edward P. Loeser for plaintiffs.

Honora A. Miller, Corporation Counsel (Stephen K. Pollard of counsel), for defendant.

CHARLES LAMBIASE, J.

This is an action brought by the plaintiffs for a declaratory judgment declaring the Zoning Ordinance of the City of Rochester hereinafter referred to "unconstitutional and void, in that it precludes the use of the property herein described for any purpose for which it is reasonably adapted and is confiscatory and is not binding upon the plaintiffs". (Complaint.)

The City of Rochester contends that it is incumbent upon plaintiffs...

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