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MTR. OF McENROE v. TOWN OF CLINTON

61 Misc.2d 937 (1969)

In the Matter of Jack A. McEnroe et al., Petitioners, v. Planning Board of the Town of Clinton et al., Respondents.

Supreme Court, Dutchess County.

December 17, 1969

Attorney(s) appearing for the Case

Quinn & Reilly for petitioners. Garrity & Dietz for Planning Board of the Town of Clinton, respondent. Van De Water & Van De Water for Joseph V. Kahn, respondent.

JOHN P. DONOHOE, J.

This petition under article 78 of the CPLR is granted.

In this proceeding the petitioners, who are the owners of tracts of residential land in the Town of Clinton, Dutchess County, ranging in size from 15 to 100 acres, sue the Planning Board and a real estate developer to annul the approval of a subdivision plot plan which contains lots, all but one of which are substandard under the newly enacted Zoning Ordinance.

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