Haseley v. Town of Cambria

Appellate Division of the Supreme Court of New York

Haseley v. Town of Cambria

159 A.D.2d 1020

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 16, 1990

StatusPublished

This text of 159 A.D.2d 1020 (Haseley v. Town of Cambria) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Haseley v. Town of Cambria, 159 A.D.2d 1020 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the follow[1021]*1021ing memorandum: We agree with Supreme Court that petitioners met all the criteria of, and are entitled to, a farm exception under section 5 (F) of Local Laws, 1987, No. 2. We conclude, however, that because petitioners’ project is "excepted from the application of this local law”, they cannot be required to pay fees imposed by section 13 of the law. We have examined respondents’ remaining contentions on appeal and find them to be without merit. (Appeals from judgment of Supreme Court, Niagara County, Fallon, J. — art 78.) Present— Dillon, P. J., Doerr, Lawton, Davis and Lowery, JJ.

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Judgment unanimously modified on the law and as modified affirmed without costs, in accordance with the follow[1021]*1021ing memorandum: We agree with Supreme Court that petitioners met all the criteria of, and are entitled to, a farm exception under section 5 (F) of Local Laws, 1987, No. 2. We conclude, however, that because petitioners’ project is "excepted from the application of this local law”, they cannot be required to pay fees imposed by section 13 of the law. We have examined respondents’ remaining contentions on appeal and find them to be without merit. (Appeals from judgment of Supreme Court, Niagara County, Fallon, J. — art 78.) Present— Dillon, P. J., Doerr, Lawton, Davis and Lowery, JJ.

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Bluebook (online)

159 A.D.2d 1020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haseley-v-town-of-cambria-nyappdiv-1990.