MATTER OF ELLE v. NEENAN


68 Misc.2d 725 (1972)

In the Matter of Bruce L. Elle et al., Petitioners, v. Walter Neenan et al., Constituting the Town Board of East Bloomfield, et al., Respondents.

Supreme Court, Ontario County.

January 12, 1972


Attorney(s) appearing for the Case

Solomon, Ashworth, Merkel & Polozie (David A. Merkel of counsel), for petitioners. Samuel L. Yaroslow for Town Board of East Bloomfield, respondent. Nixon, Hargrave, Devans & Doyle (G. Robert Witmer, Jr., of counsel), for Farash Construction Corporation, respondent.


MARSHALL E. LIVINGSTON, J.

This is an article 78 proceeding by the petitioners, who are residents of the Town of East Bloomfield, Ontario County, New York, albeit one of them also lives in the incorporated Village of East Bloomfield. They seek to prohibit the Town Board of the Town of East Bloomfield from proceeding further in the consideration or granting of an application by Farash Construction Corporation...

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