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COUNTRYMAN v. SCHMITT

176 Misc.2d 736 (1998)

673 N.Y.S.2d 521

Lee T. Countryman, Petitioner, v. Terri Schmitt, as Town Supervisor of Town of Rush, et al., Respondents.

Supreme Court, Monroe County.

February 5, 1998.

Attorney(s) appearing for the Case

John M. Owens, Rochester, for petitioner. Michael Tobin, Honeoye Falls, for respondents.

KENNETH R. FISHER, J.

In this CPLR article 78 proceeding, petitioner, Lee T. Countryman, seeks annulment of Local Laws, 1997, No. 2 of the Town of Rush, adopted by respondent Rush Town Board on April 9, 1997. Petitioner contends that respondents, in adopting Local Law No. 2, failed to comply with the notice requirements of the Town Law and the Municipal Home Rule Law, that the law results in an unconstitutional...

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