People v. Deeks

61 Misc. 2d 1019, 307 N.Y.S.2d 914, 1969 N.Y. Misc. LEXIS 998
CourtAppellate Terms of the Supreme Court of New York
DecidedDecember 12, 1969
StatusPublished
Cited by1 cases

This text of 61 Misc. 2d 1019 (People v. Deeks) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Deeks, 61 Misc. 2d 1019, 307 N.Y.S.2d 914, 1969 N.Y. Misc. LEXIS 998 (N.Y. Ct. App. 1969).

Opinion

Per Curiam.

The requirement of the ordinance that 100% of the residents living within 200 feet of the 1 ‘ outer extremities of applicant’s property ” must consent to the proposed use was an unconstitutional grant of power, since the capricious exercise of a negative vote by one resident could defeat the application.

The order and judgment dismissing information should be unanimously affirmed.

Concur — Hogan, P. J., Gulotta and Glickman, JJ.

Order and judgment affirmed.

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Related

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666 P.2d 750 (Montana Supreme Court, 1983)

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Bluebook (online)
61 Misc. 2d 1019, 307 N.Y.S.2d 914, 1969 N.Y. Misc. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-deeks-nyappterm-1969.