DODGE MILL LAND v. AMHERST


61 A.D.2d 216 (1978)

Dodge Mill Land Corp. et al., Respondents, v. Town of Amherst et al., Appellants

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

February 17, 1978


Attorney(s) appearing for the Case

John P. Lane for appellants.

Lipsitz, Green, Fahringer, Roll, Schuller & James (Evan E. James and Frank S. Kedzielawa of counsel), for respondents.

MARSH, P. J., MOULE, CARDAMONE and DENMAN, JJ., concur.


WITMER, J.

Defendant, Town of Amherst, appeals from a judgment of the Supreme Court, Special Term, Erie County, granting plaintiffs' motion for summary judgment and declaring defendants' rezoning of plaintiffs' subject property from B-3 (general business, including most commerical purposes) to R-3 (single residences or common recreational uses in connection therewith) unconstitutional as applied thereto because...

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