FIBRE MILLS v. MIDDLETOWN


94 Misc.2d 233 (1978)

Orange Fibre Mills, Inc., Plaintiff, v. City of Middletown et al., Defendants.

Supreme Court, Orange County.

April 20, 1978


Attorney(s) appearing for the Case

Bloom & Semel for plaintiff. Kenneth A. MacVean, Corporation Counsel, for City of Middletown, defendant. Victor O. Smith and George F. Roesch, III, for Martin E. Kuhl, defendant.


JOHN W. SWEENY, J.

In this action plaintiff seeks a judgment declaring that an amendment to the defendant city's zoning law is void because it constitutes "spot zoning." The individual defendant, supported by the defendant municipality, has moved for summary judgment.

On April 11, 1977, the City of Middletown amended its zoning map to change the zoning of a 3.35 acre parcel of land owned by defendant Kuhl from I-3 (Heavy Industrial-Restricted...

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