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MATTER OF FETZER v. TOWN BOARD OF THE TOWN OF AURORA

270 A.D.2d 804 (2000)

705 N.Y.S.2d 147

In the Matter of TODD J. FETZER et al., Petitioners-Plaintiffs, and TIMOTHY R. RAY et al., Appellants, v. TOWN BOARD OF THE TOWN OF AURORA et al., Respondents.

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

Decided March 29, 2000.

Judgment unanimously reversed on the law with costs, motion denied and petition/complaint reinstated.

Memorandum:

This combined CPLR article 78 proceeding and declaratory judgment action was commenced by, among others, appellants (petitioners/plaintiffs), who are four individuals who reside in the Town of Aurora (Town), and two entities that own nursing homes/retirement communities, one situated within the Town and one in an adjoining town. The proceeding...

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