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MTR OF PLATTSBURGH v. MANNIX

77 A.D.2d 114 (1980)

In the Matter of City of Plattsburgh, Appellant, v. Martin Mannix, Jr., et al., Individually and Constituting The Town of Plattsburgh Town Board, et al., Respondents, and Parcon Realty, Inc., Intervenor-Respondent

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

November 6, 1980

Attorney(s) appearing for the Case

Thomas A. Robinson, Corporation Counsel (John E. Clute of counsel), for appellant.

Clyde A. Lewis for respondents.

Rutnik & Rutnik (Polly N. Rutnik of counsel), for intervenor-respondent.

MAHONEY, P. J., GREENBLOTT and MIKOLL, JJ., concur with MAIN, J.; STALEY, JR., J., not taking part.

MAIN, J.

At issue in this proceeding are actions of various boards of the Town of Plattsburgh relative to a 100-acre tract of land in the town, 60 acres of which intervenor-respondent Parcon Realty, Inc., proposes to develop as the Champlain Mall shopping center. Petitioner here challenges the action of the town board on October 2, 1978 rezoning the 100-acre tract from R-2, i.e., residential district without...

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