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MATTER OF HATCHER v. PLANNING BD. OF THE VILL. OF NELSONVILLE

111 A.D.2d 812 (1985)

In the Matter of Charles Hatcher et al., Respondents, v. Planning Board of the Village of Nelsonville et al., Appellants

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

June 10, 1985

Judgment reversed insofar as appealed from, on the law, without costs or disbursements, and proceeding remitted to Special Term for a hearing on the issue of bad faith in accordance herewith.

Preliminarily, we note that Special Term's determination which, inter alia, rejected the respondent planning board's attempt to impose a greater density requirement than that which existed in the then applicable zoning ordinance, was correct at the time it was made (

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