WILSON v. OKONIEWSKI


44 A.D.2d 898 (1974)

MacGregor Wilson et al., Appellants, v. Richard Okoniewski et al., Respondents

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

May 23, 1974


Judgment modified and as modified affirmed, without costs, and matter remitted to Special Term, Erie County, for further proceedings, all in accordance with the following memorandum: A trial is required on the thirteenth cause of action alleged in this declaratory judgment action to determine if the rezoning of the Delaware Avenue properties from R-4 Residential to C-2 Community Business District was in accord with a comprehensive plan (cf. Albright v. Town of Manlius...

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