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MATTER OF LEICHTER v. BARRETT

208 Misc. 577 (1955)

In the Matter of Emil Leichter, Petitioner, v. Douglas L. Barrett et al., Constituting The Town Board of the Town of Bedford, Respondents.

Supreme Court, Special Term, Westchester County.

July 18, 1955.

Attorney(s) appearing for the Case

John C. Marbach for petitioner.

Lawrence S. Hazzard for respondents.

EAGER, J.

This is an article 78 proceeding to secure an order directing the town board of the town of Bedford, this county, to issue a permit to petitioner for removal of fill, subsoil and gravel from certain premises owned by him and situated in said town. The respondents (members of the town board), move to dismiss the petition upon the following grounds:

"(1) that it does not state facts sufficient...

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