17 A.D.2d 467 | N.Y. App. Div. | 1962
Respondent is the owner of a Howard Johnson Restaurant located outside the Village of Lake Placid in the Town of North Elba. On September 3, 1959 after compliance with the applicable statutory requirements of notice, public hear
Under all the circumstances herein, we cannot say that there is such a lack of benefit as would amount to a palpably arbitrary abuse of power on the part of the board in including respondent’s property within the proposed district.
In view of the foregoing it is unnecessary for us to reach the other issues raised here on appeal.
The order should be reversed on the law and facts, and the application denied, with costs to appellants.
•Bergan, P. J., Gibson, Herlihy and Taylor, JJ., concur.
Order reversed on the law and the facts and application denied, with costs to the appellants.