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MATTER OF LINDBERG v. TOWN OF MANLIUS PLANNING BOARD

41 A.D.3d 1231 (2007)

838 N.Y.S.2d 294

In the Matter of JEROME LINDBERG et al., Appellants, v. TOWN OF MANLIUS PLANNING BOARD et al., Respondents, et al., Respondent-Defendant.

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

Decided June 8, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the provision dismissing that part of the petition-complaint seeking a declaration and granting judgment in favor of respondents-defendants Town of Manlius Planning Board, Albert Hanzalik and Town Board of the Town of Manlius as follows: "It is ADJUDGED AND DECLARED that Manlius Town Code § 127-5 is...

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