MITCHELL v. KEMP


176 A.D.2d 859 (1991)

Dale Mitchell, Respondent, v. Virginia Kemp et al., Appellants

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

October 21, 1991


Ordered that the judgment is affirmed, with costs.

The appellants contend that the issue of the constitutionality of Local Laws, 1990, No. 4 of the Town of Pine Plains is academic, since that law has expired and has been replaced by a new moratorium law under which the petitioner's request for a variance must be determined. We disagree. Since the Town has replaced one moratorium law with another and has been doing so for nearly five years, this controversy "is of...

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