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Matter of Augenblick v. Town of Cortlandt

Court of Appeals of the State of New York
Nov 12, 1985
66 N.Y.2d 775 (N.Y. 1985)

Summary

finding that the uniformity requirement was violated by a zoning ordinance that singled out one property to permit a use forbidden for all other parcels in the district

Summary of this case from Anderson House v. Rockville

Opinion

Argued October 8, 1985

Decided November 12, 1985

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Russell R. Leggett, J.

Walter I. Seligsohn for appellants.

Thomas F. Wood for Town of Cortlandt, respondent.

Donald Tirschwell and Donna Riefberg-Cohen for Montrose Concrete Products Corp., respondent.



Order reversed, with costs, and petition granted for the reasons stated in the dissenting memorandum by Justice Leon D. Lazer at the Appellate Division ( 104 A.D.2d 806, 811-815). Respondents waived their Statute of Limitations defense by failing to plead it in their answer or by appropriate motion (CPLR 7804 [f]; see also, CPLR 3211 [a]).

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE. Taking no part: Judge SIMONS.


Summaries of

Matter of Augenblick v. Town of Cortlandt

Court of Appeals of the State of New York
Nov 12, 1985
66 N.Y.2d 775 (N.Y. 1985)

finding that the uniformity requirement was violated by a zoning ordinance that singled out one property to permit a use forbidden for all other parcels in the district

Summary of this case from Anderson House v. Rockville

adopting dissenting opinion

Summary of this case from In re Concerned Citizens of PG Cnty. Dist. 4
Case details for

Matter of Augenblick v. Town of Cortlandt

Case Details

Full title:In the Matter of LYNN AUGENBLICK, Petitioner, and MAXWELL GLANTZ et al.…

Court:Court of Appeals of the State of New York

Date published: Nov 12, 1985

Citations

66 N.Y.2d 775 (N.Y. 1985)
497 N.Y.S.2d 363
488 N.E.2d 109

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Shumaker v. Town of Cortlandt

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In re Concerned Citizens of PG Cnty. Dist. 4

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