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TOWN OF POMPEY v. PARKER

44 N.Y.2d 805 (1978)

Town of Pompey, Respondent, v. Leon Parker, Appellant. Leon Parker, Appellant, v. Lawrence Cook et al., Constituting the Zoning Board of Appeals of the Town of Pompey, Respondents.

Court of Appeals of the State of New York.

Decided May 2, 1978.

Attorney(s) appearing for the Case

Bernard Samuels and Eric M. Alderman for appellant.

Thomas W. Higgins, Jr., and Edward W. Dietrich for respondents.

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

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. While increasing use of mobile homes raises various issues concerning the nature and scope of limitations a municipality may permissibly impose, under the circumstances of this case it is unnecessary to reach these broader questions. Significantly, the town has not excluded all mobile homes as permanent...

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