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MATTER OF SCHULZ v. TOWN OF HOPEWELL ZONING BOARD OF APPEALS

770 CA 18-00130.

163 A.D.3d 1477 (2018)

83 N.Y.S.3d 757

2018 NY Slip Op 05418

In the Matter of Steven A. Schulz et al., Respondents, v. Town of Hopewell Zoning Board of Appeals et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 25, 2018.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by granting the motion in part, dismissing the petition/complaint insofar as it sought declaratory relief and vacating the declaration, and dismissing the petition/complaint against respondent-defendant Town of Hopewell Planning Board, and as modified the judgment is affirmed without costs.

Memorandum: This matter stems from the...

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