JEM REALTY COMPANY v. TOWN BOARD OF THE TOWN OF SOUTHOLD


297 A.D.2d 278 (2002)

746 N.Y.S.2d 41

JEM REALTY COMPANY, Respondent, v. TOWN BOARD OF THE TOWN OF SOUTHOLD, Appellant.

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

Decided August 5, 2002.


Ordered that the order and judgment is reversed, on the law, without costs or disbursements, the motion of the Town Board of the Town of Southold for summary judgment dismissing the action and hybrid proceeding is granted, the plaintiff's motion is denied, and it is declared that the rezoning resolutions adopted on December 7, 1993, and July 26, 1994, are invalid.

The rezoning resolutions adopted on December 7, 1993, and July 26, 1994, were ineffective to amend the...

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