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QUICK v. TOWN OF OWEGO

11 A.D.2d 285 (1960)

Larue Quick et al., Respondents, v. Town of Owego, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 27, 1960.

Attorney(s) appearing for the Case

Lewis B. Parmerton and H. Edwin Mountford for appellant.

Travis & Whiting for respondents.

COON and GIBSON, JJ., concur with BERGAN, P. J.; REYNOLDS, J., dissents, in an opinion, in which HERLIHY, J., concurs.

BERGAN, P. J.

A zoning ordinance of the appellant Town of Owego has been declared invalid by the court at Special Term on the ground that the map which implements the ordinance was not "entered" in the minute book of the Town Board in pursuance of section 264 of the Town Law.

The words of the statute (Town Law, § 264) which underlie the controversy are these: "Every zoning ordinance * * * (including any map incorporated therein) adopted pursuant...

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