MONOCO OIL v. TOWN OF PITTSFORD


59 Misc.2d 750 (1969)

Monoco Oil Co., Inc., Plaintiff, v. Town of Pittsford et al., Defendants.

Supreme Court, Monroe County.

June 2, 1969


Attorney(s) appearing for the Case

Chamberlain, D'Amanda, Bauman, Chatman & Oppenheimer (Arthur S. Chatman of counsel), for plaintiff. Stephen V. Lines for defendants.


MARSHALL E. LIVINGSTON, J.

This is an action for a declaratory judgment to test the constitutionality of the zoning ordinance of the Town of Pittsford, Monroe County, New York, insofar as it applies to the plaintiff's land in said town.

Prior to the trial of the action, a motion to dismiss was made on the ground that the plaintiff has no standing at this time to bring suit because it failed to exhaust the administrative remebring available to...

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