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BENDERSON DEV. CO. v. UTICA

5 Misc.3d 467 (2004)

781 N.Y.S.2d 880

In the Matter of BENDERSON DEVELOPMENT COMPANY, INC., Plaintiff-Petitioner, v. CITY OF UTICA et al., Defendants-Respondents.

Supreme Court, Oneida County.

September 7, 2004.

Attorney(s) appearing for the Case

Whiteman Osterman & Hanna LLP, Albany (John J. Henry of counsel), for plaintiff-petitioner.

Richard E. Kaplan, Utica, for Kessel Brent Corporation and another, defendants-respondents.

Lawrence A. Sardelli, Utica, for Common Council of City of Utica, defendant-respondent.

Linda Sullivan Fatata, Corporation Counsel (Charles N. Brown of counsel), for City of Utica and others, defendants-respondents.

OPINION OF THE COURT

ANTHONY F. SHAHEEN, J.

This verified CPLR article 78 petition and complaint seek to annul and vacate Utica City Code § 2-29-123 (6) (a) (i), which requires a "three-fourths" vote of the Common Council to amend the City of Utica Zoning Ordinance when there is an adverse recommendation to the proposed amendment by the Planning Board, and also to compel the Common Council to enact an...

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