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ATKIN'S WASTE MATERIALS v. MAY

42 A.D.2d 204 (1973)

Atkin's Waste Materials, Inc., Respondent, v. Stephen May et al., Constituting The Common Council of the City of Rochester, et al., Appellants

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

July 6, 1973.

Attorney(s) appearing for the Case

A. Vincent Buzard, Corporation Counsel (Steven A. Maas and James T. Townsend of counsel), for appellants.

Harris, Beach & Wilcox (James M. Hartman and Edward D. Bloom of counsel), for respondent.

GOLDMAN, P. J., MARSH, SIMONS and HENRY, JJ., concur.

MOULE, J.

Since 1942 Atkin's Waste Materials, Inc. (Atkin's) operated a scrap processing yard in the City of Rochester (City) on land leased by it from the City. Prior to 1957 the property was located in a "C-Light Industrial District", in which operation of a scrap processing yard was not a prohibited use. In 1957 the area was rezoned to an "M-1 Industrial District", in which scrap processing was permitted only...

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