MATTER OF SCHULZ v. TOWN OF KINGSBURY


296 A.D.2d 790 (2002)

745 N.Y.S.2d 308

In the Matter of ROBERT L. SCHULZ et al., Appellants, v. TOWN OF KINGSBURY et al., Respondents.

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

Decided July 25, 2002.


Carpinello, J.

By deed dated December 30, 1993, respondent Town of Kingsbury in Washington County acquired title to the former Dix Drive-In, a 14.5-acre parcel of land located in the township. Shortly thereafter, petitioners, some of whom reside in the Town, commenced a combined CPLR article 78 proceeding and action for declaratory judgment seeking to, inter alia, invalidate the purchase. This action/proceeding was ultimately...

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