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ALBRIGHT v. TOWN OF MANLIUS

34 A.D.2d 419 (1970)

Donald C. Albright et al., Respondents, v. Town of Manlius et al., Appellants Eloise Schaff, Respondent, v. Town of Manlius et al., Appellants

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

June 30, 1970.

Attorney(s) appearing for the Case

Harris, Beach & Wilcox (James H. Hartman of counsel), for Fayetteville Plaza, Inc., appellant.

Ferdinand L. Picardi for Town of Manlius, appellant.

Oot, Greene, Setright & Moore for Eloise Schaff, respondent.

Bond, Schoeneck & King (James E. Wilbur of counsel), for Donald C. Albright and another, respondents.

GOLDMAN, P. J., GABRIELLI, BASTOW and HENRY, JJ., concur.

WITMER, J.

Respondents, 148 neighboring property owners in the "Albright" action and one neighboring owner in the "Schaff" action, instituted the actions to declare invalid and void two ordinances enacted by the Town Board of Manlius on January 21, 1967, amending the general zoning ordinance of the Town. Respondents further requested a judgment permanently restraining defendants-appellants, Town of Manlius and...

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