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MATTER WESLEY CHAPEL v. JAN H. VAN DEN HENDE (10/09/69)

COURT OF APPEALS OF NEW YORK


decided: October 9, 1969.

IN THE MATTER OF WESLEY CHAPEL, INC., RESPONDENT,
v.
JAN H. VAN DEN HENDE, AS MAYOR OF THE INCORPORATED VILLAGE OF POMONA, ET AL., APPELLANTS; IN THE MATTER OF F. D. G. CONSTRUCTION CORP., RESPONDENT, V. JAN H. VAN DEN HENDE, AS MAYOR OF THE INCORPORATED VILLAGE OF POMONA, ET AL., APPELLANTS; IN THE MATTER OF ELLA HUNTE, RESPONDENT, V. JAN H. VAN DEN HENDE, AS MAYOR OF THE INCORPORATED VILLAGE OF POMONA, ET AL., APPELLANTS

Matter of Wesley Chapel v. Van Den Hende, Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.

 The village was justified in litigating the validity of the retroactivity of its Zoning Ordinance under Village Law (ยง 179, subd. 2, par. [a]) inasmuch as that provision has not heretofore been construed. No opinion.

Disposition

In each of the above-entitled proceedings: Order modified to the extent that costs previously allowed against the appellants are stricken, and, as so modified, the order is affirmed, without costs.

19691009

© 1998 VersusLaw Inc.



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