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MOBIL OIL CORP. v. MILTON

72 Misc.2d 505 (1972)

In the Matter of Mobil Oil Corp., Petitioner, v. Kirby Milton et al., Constituting the Planning Board of the Town of Victor, Respondents.

Supreme Court, Monroe County.

December 13, 1972

Attorney(s) appearing for the Case

Dutcher, Witt, Sidoti & Considine (Erwin N. Witt of counsel), for petitioner. L. Edward Monaghan for respondents.

EMMETT J. SCHNEPP, J.

This is a motion to dismiss an article 78 proceeding, which was instituted to annul respondents' determination of September 27, 1972, which listed various conditions to which approval of petitioner's site plan for a motor vehicle supply station was made subject. Petitioner objects to the condition which denies access to the site from State Highway Route No. 96, and claims that another condition...

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