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TOWN OF LYSANDER v. HAFNER

96 N.Y.2d 558 (2001)

759 N.E.2d 356

733 N.Y.S.2d 358

TOWN OF LYSANDER, Respondent, v. PAUL HAFNER, JR., et al., Appellants.

Court of Appeals of the State of New York.

Decided October 18, 2001.

Attorney(s) appearing for the Case

Scott F. Chatfield, Tully, for appellants.

Coulter, Ventre, McCarthy & Twichell, L. L. P., Syracuse (P. David Twichell of counsel), for respondent.

Joan A. Kehoe, Albany, John F. Rusnica and Larry A. Swartz for Commissioner of Agriculture and Markets, amicus curiae.

Elizabeth Corron Dribusch, Glenmont, for New York Farm Bureau, Inc., amicus curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Defendants own and operate a commercial farm in the Town of Lysander, in an "agricultural district" created pursuant to Agriculture and Markets Law § 303. This case arises from defendants' attempt in 1999 to install several single-wide mobile homes for housing migrant workers on the farm. The mobile homes do not comply with a Town zoning ordinance that "all one-story single family dwellings" have a minimum living area...

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