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PITTSFORD PLAZA, INC. v. TOWN OF PITTSFORD

44 A.D.2d 886 (1974)

Pittsford Plaza, Inc., Appellant, v. Town of Pittsford, Respondent, and Donald M. Rowe et al., Intervenors-Respondents. (Appeal No. 1.)

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

May 16, 1974

Judgment unanimously modified in accordance with memorandum and as modified affirmed, with costs to respondents.

Memorandum:

We agree with the determination at Trial Term that plaintiff failed to establish the unconstitutionality of the zoning ordinance for the reasons stated in his decision and the decision in Dauernheim, Inc. v. Town Board of the Town of Hempstead (33 N.Y.2d 468.) However, since the action is one...

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