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. RockvilleOpinion
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.