HACKFORD v. JONES


27 A.D.2d 692 (1967)

Paul G. Hackford et al., Appellants, v. Harry R. Jones et al., Constituting The Town Board of the Town of Amherst, et al., Respondents

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

January 12, 1967


Order unanimously modified by deleting therefrom the last two ordering paragraphs, and as so modified affirmed, without costs.

Memorandum:

The last two ordering paragraphs are not necessary to a decision. The contemplated present use of the property was known, considered, and permitted by the Town Board. If the stricken paragraphs are intended to regulate the future use of the property they are improper. If, in the future there are violations of the zoning...

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