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TOWN OF BEDFORD v. VIL. OF MT. KISCO

33 N.Y.2d 178 (1973)

In the Matter of the Town of Bedford, Respondent, v. Village of Mount Kisco, Appellant. Dominic A. Amuso et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

Charles G. Moerdler, Vivienne W. Nearing and Nathan Z. Dershowitz for intervenors-appellants.

Anthony J. Monteleone for appellant.

Joseph J. Buderwitz, Jr., James F. Donohue and Thomas J. Stephens for respondent.

Chief Judge FULD and Judges BURKE and WACHTLER concur with Judge JONES; Judge BREITEL dissents and votes to affirm in a separate opinion in which Judges JASEN and GABRIELLI concur.

JONES, J.

The Town of Bedford seeks to challenge the exercise by the Village of Mount Kisco of its zoning power with respect to village lands on the town border.

On August 19, 1968 the appellant village, Mount Kisco, adopted a resolution amending its zoning ordinance and map to change an area within the village limits from "RRR", one-family residence, to "R-6", multiple, six-story residence. On August...

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