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B & J INVESTORS CORP. v. TOWN BD. OF THE TOWN OF CLINTON

56 A.D.2d 882 (1977)

B & J Investors Corp., Respondent, v. Town Board of the Town of Clinton et al., Appellants

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

March 21, 1977

Judgment reversed insofar as appealed from, on the law, with $50 costs and disbursements, and the third cause of action is dismissed.

In enacting the zoning regulation, the Town Board of Clinton was acting in a legislative capacity. As such, it has immunity which rests upon "a regard for sound principles of government administration and a respect for the expert judgment of agencies authorized by law to exercise such judgment" (see Weiss v Fote,

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