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SAVATGY v. CITY OF KINGSTON

20 N.Y.2d 258 (1967)

George E. Savatgy et al., Respondents, v. City of Kingston et al., Appellants.

Court of Appeals of the State of New York.

Decided July 7, 1967.

Attorney(s) appearing for the Case

Edwin N. Charnin and Sylvia Kelman for Income Fund Enterprises Corporation, appellant.

Vernon Murphy, Corporation Counsel, for Francis R. Koenig, appellant.

Charles H. Gaffney for respondents.

Robert A. Feldman, Corporation Counsel (Thomas W. Petrillo of counsel), amicus curiæ.

Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL concur with Judge VAN VOORHIS; Judges BURKE and KEATING dissent and vote to reverse in a memorandum.

VAN VOORHIS, J.

Defendant Income Fund Enterprises Corporation, pursuant to section 83 of the General City Law, petitioned the Common Council of the City of Kingston to reclassify its property to permit construction of garden-type apartments. Neighboring property owners protested and, such a protest having been made, section 83 of the General City Law required a three-fourths vote of the council to pass the amendment...

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