MATTER OF SPAZIANI v. CITY OF ONEONTA


302 A.D.2d 846 (2003)

756 N.Y.S.2d 324

In the Matter of MARC SPAZIANI et al., Individually and on Behalf of SIXTH WARD IMPROVEMENT TASK FORCE, Appellants, v. CITY OF ONEONTA et al., Respondents.

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

Decided February 27, 2003.


Carpinello, J.

On April 5, 2001, petitioners commenced this proceeding to have three ordinances passed by respondent City of Oneonta on March 6, 2001 declared null and void. The first two ordinances purported to amend the City's municipal code by adding a definition for "homeless shelter" and then adding homeless shelters to the list of permitted uses within a particular zone (i.e., the "RD-6" zone). The third ordinance purported to amend the City's zoning map by...

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