NAGEL v. KUMMEROW


51 Misc.2d 659 (1966)

Robert Nagel, Plaintiff, v. Raymond Kummerow et al., Defendants.

Supreme Court, Trial and Special Term, Wayne County.

May 18, 1966


Attorney(s) appearing for the Case

James L. Sapienza for Town of Walworth, defendant. Falk, Schoenwald, Klafter & Ange (Sidney K. Schoenwald of counsel), for plaintiff. Barrett, Maier & Barrett (John M. Barrett of counsel), for Raymond Kummerow, defendant.


G. ROBERT WITMER, J.

In this action for judgment declaring illegal and invalid the variance granted by the defendant Town of Walworth to the defendant Raymond Kummerow, permitting the latter to operate a gravel pit on his premises, it appears that plaintiff lives across the road from defendant Kummerow in the adjoining Town of Ontario; that he was not given specific notice of said defendant's application for the variance to operate a gravel pit, and failed...

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