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ODELL v. TOWN OF CARMEL

8 N.Y.2d 743 (1960)

Marvin Odell et al., Appellants, v. Town of Carmel et al., Respondents.

Court of Appeals of the State of New York.

Decided April 21, 1960.

Attorney(s) appearing for the Case

Howard A. Thomsen for appellants.

Joseph L. Burchetta for Garrett W. Vink, respondent.

Joseph E. Sullivan, Town Attorney (Joseph L. Burchetta of counsel), for Town of Carmel, respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.

Judgment reversed, with costs to appellant Odell in all courts, and the case remitted to Special Term for further proceedings in accordance with the following memorandum: The affidavits and exhibits are sufficient to create a triable issue concerning the constitutionality and validity of the amendment to the Zoning Ordinance of the Town of Carmel adopted by the Town Board on September 13, 1957, at least insofar as it affects the property of appellant Odell, and respondents...

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