New York Court of Appeals

In the Matter of Robert F. Dexter v. Town Board of the Town of Gates

February 18, 197536 N.Y.2d 102

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the Town Board's condition that the rezoning "shall inure to the benefit of Wegman Enterprises, Inc., only" is improper, unauthorized, and constitutes spot zoning. The case was remanded for the town to reconsider the rezoning without the personal condition.