HALE v. CITY OF UTICA


61 A.D.2d 885 (1978)

Howard Hale et al., Respondents, v. City of Utica et al., Appellants

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

February 17, 1978


Judgment unanimously affirmed, with costs.

Memorandum:

Appellant property owners appeal from a judgment declaring void an ordinance of the City of Utica which rezoned their 11-acre parcel of land from residential to Planned Development-Extraordinary (PD-E). Appellant intends to construct "a regional scale chain discount store" (K-Mart). The property is located in an essentially residential area. The proposed amendment was not approved by the county planning...

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