MATTER OF DEXTER v. TOWN BD. OF THE TOWN OF GATES


43 A.D.2d 899 (1974)

In the Matter of Robert F. Dexter et al., Respondents-Appellants, v. Town Board of the Town of Gates, Appellant-Respondent

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

January 17, 1974


Order insofar as it denied the Town Board's motion to dismiss petition and directed a hearing unanimously reversed, without costs, motion granted and petition dismissed.

Memorandum:

On July 12, 1971, the Town Board of the Town of Gates passed a resolution changing the zoning of a certain tract of land from R-8A, a residential zone with limited commercial use, to B-1, a commercial use which permitted the construction of stores for retail sales, which use was...

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