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MTR. OF WILLEY v. GARNSEY

45 A.D.2d 227 (1974)

In the Matter of Ida H. Willey et al., Appellants, v. James F. Garnsey et al., as Trustees of The Village of Ilion, Respondents

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

July 5, 1974.

Attorney(s) appearing for the Case

Carroll, Carroll & Butz (John B. Carroll of counsel), for appellants.

Jack Manley for respondents.

MARSH, P. J., MOULE, MAHONEY and DEL VECCHIO, JJ., concur.

CARDAMONE, J.

On October 6, 1972 the Board of Trustees of the Village of Ilion passed a resolution changing the zoning of 16 acres from R-10, a residential one-family house zone, to Planned District Special (PDS). On October 24, 1972 a real estate tax preference was enacted by the Board of Trustees setting maximum taxes on the proposed development of the 16 acres. The unimproved real property in question is owned by the Roman Catholic Church of Annunciation...

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