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Hogue v. Village of Dering Harbor NYLJ 11/19/21, p. 27, col. 6 AppDiv, Second Dept. (memorandum opinion)
In landowner's article 78 proceeding against the village, landowner appealed from Supreme Court's grant of summary judgment to the village. The Appellate Division affirmed, holding that landowner lacked standing and also that landowner's claim was without merit.
Until 2018, the village zoning code included a two-step permit process for approval of the placement of hedges. By local law, the village eliminated that process. In this article 78 proceeding, landowner challenged the elimination. Supreme Court granted summary judgment to the village.
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