BAIER v. TOWN OF ELLERY


182 A.D.2d 1083 (1992)

George Baier et al., Appellants, v. Town of Ellery et al., Respondents

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

April 24, 1992


Order unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: In 1990, the Town of Ellery amended its zoning ordinance to reduce the minimum lot size requirement in the Warner Bay area from 20,000 to 10,000 square feet. Plaintiffs, residents of the district affected by the rezoning, sought judgment declaring the amendment invalid and a preliminary injunction preventing defendants from zoning...

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