It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the fifth cause of action and as modified the order is affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking, inter alia, a declaration that the zoning ordinance adopted in 2005 (2005 Zoning Ordinance) by the Town Board of defendant Town of Sardinia is invalid. Defendants made a pre-answer motion to dismiss...
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