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KIPP v. INC. VILL. OF ARDSLEY

13 A.D.2d 1012 (1961)

Lyman E. Kipp et al., Respondents, v. Incorporated Village of Ardsley et al., Appellants John King, Respondent, v. Incorporated Village of Ardsley et al., Appellants

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

June 19, 1961

Plaintiffs contended that the legislative source of power to establish setback lines was not section 90-a of the Village Law, pursuant to which the Building Code was enacted, but subdivision 30 of section 89 as implemented by article VI-A (§ 175 et seq.) of the Village Law; and that the conceded failure by the village, in adopting the Building Code, to comply with the requirements of section 178 as to notice rendered...

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