MATTER OF BEYER v. BURNS


150 Misc.2d 10 (1991)

In the Matter of Margaret Beyer et al., Petitioners, v. Robert J. Burns et al., Constituting the Town Board of the Town of Bethlehem, Respondents.

Supreme Court, Albany County.

March 21, 1991


Attorney(s) appearing for the Case

Harold G. Beyer, Jr., for petitioners. DeAngelis, Kaplowitz, Rice & Murphy (Bernard Kaplowitz of counsel), for respondents.


HAROLD J. HUGHES, J.

Petitioners seek judgment annulling Local Laws, 1990, No. 6 which established a Senior Citizen Residence District (SCRD) in the zoning code of the Town of Bethlehem by use of a "floating zone".

The petition alleges that petitioners reside on or near North Street in the Town of Bethlehem, the proposed site of a 50-unit senior citizen housing project. The area is presently zoned "A...

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