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IN THE MATTER OF AVY v. TOWN OF AMENIA

27 A.D.3d 557 (2006)

813 N.Y.S.2d 134

In the Matter of STANLEY AVY et al., Respondents, v. TOWN OF AMENIA et al., Appellants.

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

March 14, 2006.

Ordered that the judgment is affirmed, without costs or disbursement.

Jack Gregory and Linda Gregory (hereinafter the Gregorys) own a parcel of approximately 7.79 acres of undeveloped land on the westerly side of Route 22 (hereinafter the property) in the Town of Amenia (hereinafter the Town). The property is divided east to west, with 3.18 acres abutting Route 22 zoned as residential — medium density (hereinafter RM), and the remaining 4.61 acres to the west...

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