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CARINO v. TOWN OF DEERFIELD (ONEIDA COUNTY, N.Y.)

No. 88-CV-1309.

750 F.Supp. 1156 (1990)

Joseph CARINO, Sr., and Sylvia Carino and Joseph A. Carino, Plaintiffs, v. TOWN OF DEERFIELD (ONEIDA COUNTY, NEW YORK) and Harron Cable Television, Defendants.

United States District Court, N.D. New York.

November 23, 1990.

Attorney(s) appearing for the Case

Hugh Samuel Silberstein, Rochester, N.Y., and Pozefsky Pozefsky & Bramely (Anthony Murphy, of counsel), Albany, N.Y., for plaintiffs.

Abelove Siegel Hester & Stephens (Michael H. Stephens, of counsel), Utica, N.Y., for Harron Cable Television.

Rossi Kehoe Murnane & Hughes (Thomas P. Hughes, of counsel), Utica, N.Y., for Town of Deerfield.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

Introduction

The plaintiffs have brought this action to challenge the validity of a Town of Deerfield ("Deerfield") zoning ordinance prohibiting the erection of dish-type and tower-type antennae on housing lots which are less than one-half acre in size. Although the complaint is somewhat inartfully drafted, it appears to the court that plaintiffs, Joseph Carino, Sr., Sylvia Carino and Joseph...

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