NOGAS v. GRIFFIN


136 A.D.2d 939 (1988)

Bernard Nogas et al., Appellants, v. Michael Griffin et al., as Members of The Town Board of the Town of Kirkland, et al., Respondents

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

January 29, 1988


Judgment unanimously reversed on the law without costs, and complaint reinstated.

Memorandum:

Petitioners commenced a CPLR article 78 petition to annul an amendment by the Town Board of the Town of Kirkland to its Zoning Ordinance, which rezoned approximately two acres of land from R-20 (Residential) to C-1 (Commercial). Petitioners' primary contention in this proceeding was that this action constituted invalid spot zoning.

Special Term pursuant to...

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