People v. Deeks
61 Misc. 2d 1019, 307 N.Y.S.2d 914, 1969 N.Y. Misc. LEXIS 998
Appellate Terms of the Supreme Court of New York·Decided December 12, 1969·Published·Cited by 1 cases
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
People v. Deeks, 61 Misc. 2d 1019, 307 N.Y.S.2d 914, 1969 N.Y. Misc. LEXIS 998 (N.Y. Ct. App. 1969).
61 Misc. 2d 1019 (People v. Deeks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Shannon v. City of Forsyth
666 P.2d 750 (Montana Supreme Court, 1983)