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EAST SUFFOLK DEVELOPMENT CORP. v. TOWN BOARD OF TOWN OF RIVERHEAD

59 A.D.3d 661 (2009)

874 N.Y.S.2d 216

EAST SUFFOLK DEVELOPMENT CORP., Respondent, v. TOWN BOARD OF TOWN OF RIVERHEAD et al., Appellants.

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

Decided February 24, 2009.

Ordered that the order is affirmed, with costs.

The complaint challenges the validity and constitutionality of a Local Law amending the Town of Riverhead Zoning Code. The challenged Local Law is clearly legislative in nature, as evinced by its general applicability, indefinite duration, and formal adoption (see Matter of Frontier Ins. Co. v Town Bd. of Town of Thompson, 252 A.D.2d 928, 930 [1998]; International Paper Co...

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