TOWN OF CLAVERACK v. BREW


277 A.D.2d 807 (2000)

716 N.Y.S.2d 748

TOWN OF CLAVERACK, Respondent, v. F. ROBERT BREW, JR., et al., Appellants.

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

Decided November 22, 2000.


Graffeo, J.

Plaintiff, a town within Columbia County, commenced this action for injunctive relief prohibiting defendants from using a parcel of land as an airstrip or airport, claiming such use violated the local zoning law. Without opposition, a preliminary injunction was obtained which enjoined defendants from "operating an airport and/or taking off and landing planes on their property." Thereafter, defendants answered the complaint, contending that the use of the...

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