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GOLDEN v. PLANNING BD., RAMAPO

37 A.D.2d 236 (1971)

Ruth Golden et al., Appellants, v. Planning Board of the Town of Ramapo, Respondent

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

July 23, 1971.

Attorney(s) appearing for the Case

David Coral and Reuben Ortenberg for appellants.

Max Mason (Robert H. Freilich of counsel), for respondent.

HOPKINS and LATHAM, JJ., concur with MARTUSCELLO, J., each with a separate opinion. MUNDER, J., dissents and votes to affirm the judgment insofar as appealed from, with a separate opinion, in which RABIN, P. J., concurs.

MARTUSCELLO, J.

This appeal raises the question of the constitutional validity of an amendment to the Zoning Ordinance of the Town of Ramapo. Specifically, the petitioners challenge the validity of section 46-13.1 of the ordinance on the ground that the Town Board by its adoption of the section exceeded the powers delegated to it by New York's enabling legislation.

On October 7, 1969 the petitioners,...

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