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HEY v. TOWN BD. OF THE TOWN OF POTTER

117 A.D.2d 989 (1986)

Wilbur Hey et al., Appellants, v. Town Board of the Town of Potter et al., Respondents

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

February 21, 1986

Judgment unanimously affirmed, without costs.

Memorandum:

The April 1982 vote of the Town Board was not sufficient to repeal the zoning ordinance. Town Law § 265 requires a three-fourths vote of the Town Board in order to repeal a zoning ordinance after protest has been registered, as it was here, by 20% of the affected property owners. Since the Board consists of five members, it was necessary to have four favorable votes in order to repeal the ordinance...

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