SALAMAR BUILDERS CORP. v. TUTTLE


35 A.D.2d 984 (1970)

Salamar Builders Corp., Respondent, v. Edward S. Tuttle et al., Individually and Constituting The Town Board of the Town of Southeast, et al., Appellants

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

December 28, 1970


The judgment and order should be affirmed, without costs.

No opinion.

Benjamin, J. (dissenting).

Plaintiff owns a parcel of 64 or more acres in the northeast part of the Town of Southeast. That part of the town is rough and hilly and the soil contains much rock and hardpan. The likelihood that central sewer and water systems will be installed there is very remote, so that any present residential development would have to be with wells...

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