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Landowners Benefiting from Amendment Not Necessary Parties in Challenge to Zoning Change Hudson River Sloop Clearwater, Inc. v. Town Board 2016 WL 6636927 AppDiv, Third Dept, 11/10/16 (Opinion by McCarthy, J.)
In neighbors' combined article 78 proceeding and declaratory judgment action challenging a zoning amendment, neighbors appealed from Supreme Court's dismissal of the proceeding as time-barred. The Appellate Division reversed, holding that neighbors had brought the proceeding against the town in a timely matter, and that the landowners who benefited from the zoning change were not necessary parties.
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