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MATTER OF JOHNSON v. TOWN OF HAMBURG

1274 CA 18-00638.

167 A.D.3d 1539 (2018)

90 N.Y.S.3d 781

2018 NY Slip Op 08820

In the Matter of Thomas Johnson et al., Respondents, v. Town of Hamburg et al., Respondents, and Glenn Wetzl, Appellant.

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

Decided December 21, 2018.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to annul the determination of the Town Board of respondent Town of Hamburg (Town) granting the application of respondent Glenn Wetzl to rezone a parcel of land to allow the construction of a clustered patio-home project (project). In his answer...

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