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MATTER OF DUKE & BENEDICT, INC. v. TOWN OF SOUTHEAST

253 A.D.2d 877 (1998)

678 N.Y.S.2d 343

In the Matter of Duke & Benedict, Inc., et al., Appellants, v. Town of Southeast, Respondent, and Emgee Highlands, Inc., Intervenor-Respondent

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

September 28, 1998

Ordered that the judgment is affirmed, with one bill of costs.

The petitioners Duke & Benedict, Inc., and Benedict Dairy Farms (hereinafter collectively referred to as D&B) own property which adjoins on two sides a parcel of property owned by Emgee Highlands, Inc. (hereinafter Emgee). Emgee petitioned the Town Board of the Town of Southeast to rezone its property from "office professional", in which office and warehouse...

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