WACKERMAN v. TOWN OF PENFIELD


47 A.D.2d 988 (1975)

William H. Wackerman, Doing Business as Domus Homes, et al., Respondents, v. Town of Penfield et al., Appellants

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

April 17, 1975


Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Monroe County, for further proceedings in accordance with the following memorandum: Plaintiffs sought a declaratory judgment establishing that the Zoning Ordinance of the Town of Penfield was unconstitutional insofar as it restricted development of their six plus or minus acres of land to single-family residential, church, school, agricultural or public uses. The trial court found that the...

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