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TN. OF CAIRO v. CAIRO FAIR GROUNDS

46 A.D.2d 566 (1975)

Town of Cairo, Appellant, v. Cairo Fair Grounds, Inc., Respondent. (Action No. 1.) In the Matter of Cairo Fair Grounds, Inc., Respondent, v. Town of Cairo et al., Appellants. (Action No. 2.)

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

February 13, 1975.

Attorney(s) appearing for the Case

Charles H. Carpenter (James F. Keefe of counsel), for appellants.

Alex Wiltsie, Jr., P. C., for respondent.

MAIN and REYNOLDS, JJ., concur with SWEENEY, J.; GREENBLOTT, J., concurs in a separate opinion; HERLIHY, P. J., dissents and votes to affirm in an opinion.

SWEENEY, J.

Action No. 1 was brought by the appellant Town of Cairo against Cairo Fair Grounds, Inc. (hereinafter Fair Grounds) to enjoin the construction of an automobile racetrack without first obtaining a building permit pursuant to an ordinance of the town. Fair Grounds then commenced an article 78 proceeding (Action No. 2) to compel issuance of building permits for such racetrack upon compliance with the...

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