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ALBRIGHT v. TOWN OF MANLIUS

28 N.Y.2d 108 (1971)

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

Court of Appeals of the State of New York.

Decided March 3, 1971.

Attorney(s) appearing for the Case

James E. Wilber for appellants-respondents.

James M. Hartman for Fayetteville Plaza, Inc. and Ferdinand L. Picardi for Town of Manlius (Robert C. Gebhardt and Susan S. Robfogel of counsel), for respondents-appellants.

Chief Judge FULD and Judges JASEN and GIBSON concur with Judge BERGAN; Judges SCILEPPI and BREITEL dissent in part with respect to the issue of conditions and vote to affirm for the reasons stated in the opinion at the Appellate Division; Judge BURKE taking no part.

BERGAN, J.

The amendment by ordinance of January 21, 1967 of the general zoning ordinance of the Town of Manlius by its Town Board to create a new classification, "Regional Shopping District", and to change the classification of the 50-acre tract, Andrea Acres, from residential shopping district to the new regional shopping district was in conformity with the statutory powers of the board and the Appellate Division...

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