MTR. SO. DUTCHESS CTY. CLUB v. TOWN BD.


47 Misc.2d 820 (1965)

In the Matter of Southern Dutchess Country Club, Petitioner, v. Town Board of the Town of Fishkill et al., Respondents.

Supreme Court, Dutchess County.

September 30, 1965


Attorney(s) appearing for the Case

Milton L. Epstein for petitioner. Sandro Mayer for respondents.


CLARE J. HOYT, J.

Petitioner brings this proceeding under article 78 of the CPLR for a judgment directing respondent Town Board of the Town of Fishkill to hold a public hearing upon the application of petitioner for a change of zoning as it affects one acre of its property from "R-15" to "G B" (General Business) so as to permit the construction of a gasoline filling station.

On the original return of the petition, respondents moved to dismiss...

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