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SHELDON v. TOWN OF HIGHLANDS

138 A.D.2d 86 (1988)

Theodore H. Sheldon et al., Appellants, v. Town of Highlands, Respondent, et al., Respondents

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

June 20, 1988

Attorney(s) appearing for the Case

Samuel W. Eager, Jr., for appellants.

Myron I. Mandel for respondent.

BROWN, RUBIN and SPATT, JJ., concur.

MOLLEN, P. J.

The primary issue presented by this appeal is whether Laws of 1983 (ch 755), which was enacted by the New York State Legislature in response to a request by the Town of Highlands (hereinafter the town) pursuant to NY Constitution, article IX, § 2 (b) (2) and Municipal Home Rule Law § 40, comports with the dictates of due process of law under the Federal (US Const 14th Amend) and New York...

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