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EADIE v. N GREENBUSH TOWN BD

7 N.Y.3d 306 (2006)

854 N.E.2d 464

821 N.Y.S.2d 142

In the Matter of JOHN L. EADIE et al., Appellants, v. TOWN BOARD OF THE TOWN OF NORTH GREENBUSH et al., Respondents.

Court of Appeals of New York.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Law Office of Marc S. Gerstman, Albany (Marc S. Gerstman of counsel), for appellants.

Joshua A. Sabo, Town Attorney, Wynantskill, for Town Board of the Town of North Greenbush, respondent.

Mandel Clemente, P.C., North Greenbush (Linda A. Mandel Clemente of counsel), and Young, Sommer, Ward, Ritzenberg, Baker & Moore, LLC, Albany (David C. Brennan of counsel), for Planning Board of the Town of North Greenbush, respondent.

Stockli Greene & Slevin, LLP, Albany (Mary Elizabeth Slevin of counsel), for John Gallogly and another, respondents.

Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock, Denise Hartman, Peter H. Lehner, John J. Sipos, Lisa M. Burianek and Philip M. Bein of counsel), for State of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT and GRAFFEO concur; Judge READ taking no part.

OPINION OF THE COURT

R.S. SMITH, J.

The Town of North Greenbush has rezoned a large area of land to permit retail development. Petitioners seek to annul the rezoning. The case raises these three issues:

1. Did the rezoning require a three-fourths majority vote of the Town Board under Town Law § 265 (1)? We hold that it did not, because the petition that sought to require a supermajority vote was...

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