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GARY LEASING v. TOWN BD.

127 Misc.2d 194 (1985)

Gary Leasing, Inc., Petitioner, v. Town Board of the Town of Pendleton, Respondent.

Supreme Court, Niagara County.

February 6, 1985

Attorney(s) appearing for the Case

Magavern & Magavern (James L. Magavern of counsel), for petitioner. Richard C. Klock, Sr., Town Attorney, for respondent.

JOSEPH P. KUSZYNSKI, J.

Petitioner Gary Leasing, Inc., requests an order declaring certain resolutions of the respondent Town Board of the Town of Pendleton (Town Board) to be null and void and to prohibit their enforcement. On July 30, 1984, the Town Board adopted two resolutions which it retroactively applied to the petitioner's airport permit. The resolutions provided for a curfew on flights at the airport between the hours of 10:00 P.M. and 7:00 A...

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