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CARMELO S. ARMENIA et al., Appellants, v. LaVERNE LUTHER, Indi

Order unanimously affirmed without costs. Memorandum: Applying a "balancing of public interests" approach (see, Matter of County of Monroe [City of Rochester], 72 N.Y.2d 338), we conclude that the Town of Grand Island was immune from its own zoning regulations when it installed floodlights at tennis courts and at a softball diamond situated in a town park. Accordingly, Special Term properly granted defendants' motion for summary judgment dismissing plaintiffs' first and second causes of action.

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ARMENIA v. LUTHER
(Jul 12, 1989)