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TOWN OF PLATTEKILL v. ACE MOTOCROSS, INC.

511734.

87 A.D.3d 788 (2011)

928 N.Y.S.2d 151

2011 NY Slip Op 6177

TOWN OF PLATTEKILL, Respondent, v. ACE MOTOCROSS, INC., et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided August 4, 2011.

MERCURE, J.P.

Defendant Ace Motocross, Inc. operates a commercial motocross racetrack on property owned by defendant Anthony Kalamucki Jr., and located in the Town of Plattekill, Ulster County. In 2005, plaintiff enacted chapter 110 of its Municipal Code which, as relevant here, prohibits the commercial use of land for the operation of off-road motorized vehicles (see Town of Plattekill Zoning Law § 110-54). Notably, the law includes a "grandfather" provision...

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