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DEXTER v. TOWN BD., TOWN OF GATES

36 N.Y.2d 102 (1975)

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

Court of Appeals of the State of New York.

Decided February 18, 1975.

Attorney(s) appearing for the Case

Neil Bubel for appellants.

Richard S. Mayberry and Vincent Assini for respondent.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

JASEN, J.

Wegman Enterprises, Inc., as contract-vendee, petitioned the respondent Town Board of the Town of Gates to rezone approximately 12 acres of land from an R-8A residential classification to a B-1 commercial classification. The purpose of the rezoning was to permit development of the site as a retail shopping center for a Wegmans Food Market and other stores. After a hearing, the town board resolved to...

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