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RYAN HOMES v. MENDON TOWN BD.

7 Misc.3d 709 (2005)

791 N.Y.S.2d 355

RYAN HOMES, INC., et al., Petitioners-Plaintiffs, v. TOWN BOARD OF THE TOWN OF MENDON et al., Respondents-Defendants

Supreme Court, Monroe County.

February 28, 2005.

Attorney(s) appearing for the Case

Remington, Gifford, Williams & Colicchio, LLP, Rochester (Robert B. Koegel of counsel), for petitioners-plaintiffs.

Chamberlain, D'Amanda, Oppenheimer & Greenfield, LLP, Rochester (Sheldon W. Boyce of counsel), for Town Board of the Town of Mendon, respondent-defendant.

Wolford & Leclair LLP, Rochester (Steven E. Cole of counsel), for Dante Gullace and others, respondents-defendants.

OPINION OF THE COURT

ROBERT J. LUNN, J.

In this hybrid CPLR article 78 special proceeding and declaratory judgment action, petitioners-plaintiffs seek a judgment declaring that a resolution of the Mendon Town Board to rezone certain real property in the Town of Mendon was duly adopted by a simple majority vote and also declaring that the written protest petitions filed by respondents-defendants requiring a "supermajority" vote in order to rezone were void...

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