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SHUMAKER v. TOWN OF CORTLANDT

124 A.D.2d 129 (1987)

Charles Shumaker, Jr., et al., Appellants, v. Town of Cortlandt et al., Defendants-Respondents. (Matter No. 1.) Sandport Supply Corp. et al., Respondents, v. Town of Cortlandt et al., Defendants. (Matter No. 2.)

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

February 2, 1987

Attorney(s) appearing for the Case

Walter I. Seligsohn for appellants.

Richard C. Fields, P. C., for Joseph Bilotta, defendant-respondent in matter No. 1, and Sandport Supply Corp. and another, respondents in matter No. 2.

BRACKEN, BROWN and EIBER, JJ., concur.

MANGANO, J. P.

The Zoning Ordinance of the Town of Cortlandt was first adopted in October 1951. Cortlandt Town Code § 88.21 (A) (4), a provision of that zoning ordinance, enumerates the uses permitted within M-1 light industrial districts. Those uses include: "Any manufacturing or other industrial operation from which no dust, smoke fumes, gas, noxious odor or other atmospheric pollutant is disseminated...

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