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MTR. OF WRIGHT v. TN. BD., CARLTON

41 A.D.2d 290 (1973)

In the Matter of Donald A. Wright et al., Appellants, v. Town Board of Town of Carlton et al., Respondents

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

April 13, 1973.

Attorney(s) appearing for the Case

Noonan, Hughes & Mahoney (Stephen B. Hughes of counsel), for appellants.

Curtis L. Lyman for respondents.

GOLDMAN, P. J., MARSH and HENRY, JJ., concur with CARDAMONE, J.; SIMONS, J., dissents and votes to reverse the judgment and grant the petition in an opinion.

CARDAMONE, J.

The Town of Carlton in Orleans County is located on the south shore of Lake Ontario. It neither has an incorporated village within its boundaries, nor any industry, but it does have many large acreage fruit farms included amongst its 1,937 parcels of taxable property. More importantly, because of its location on the lake, it contains a proportionately large number of summer cottage owners relative...

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