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CO. OF ERIE v. KERR

49 A.D.2d 174 (1975)

In the Matter of The County of Erie, Respondent, v. Harry W. Kerr et al., Constituting The Town of Orchard Park Board of Assessment Review, et al., Appellants

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

October 24, 1975

Attorney(s) appearing for the Case

Francis J. Busteed, Jr., for Harry W. Kerr and others, appellants.

Williams, Stevens, McCarville & Frizzell, P. C. (Terrance McCarville of counsel), for Orchard Park Central School District, appellant.

James L. Magavern (Leonard Kriss of counsel), for respondent.

MARSH, P. J., MOULE, DEL VECCHIO and WITMER, JJ., concur.

CARDAMONE, J.

In an article 78 proceeding, petitioner-respondent County of Erie sought an order annulling and setting aside a ruling made by the respondent-appellant Town of Orchard Park that Rich County Stadium, owned by petitioner, is subject to real property taxation. Special Term granted petitioner's application and ordered that the actions of the Town of Orchard Park Board of Assessment Review and the Town...

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