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TODD MART v. TOWN OF WEBSTER

49 A.D.2d 12 (1975)

Todd Mart, Inc., Respondent, v. Town Board of Town of Webster et al., Appellants

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

July 10, 1975

Attorney(s) appearing for the Case

Elliott, Stern & Calabrese (Michael J. Greene of counsel), for appellants.

Sutter & Summers (Donald C. Summers of counsel), for respondent.

MARSH, P. J., MOULE, MAHONEY and WITMER, JJ., concur.

GOLDMAN, J.

Petitioner-respondent Todd Mart, Inc. (Todd), a developer of retail shopping centers, brought this article 78 proceeding to annul a decision of the respondents-appellants, Town Board of the Town of Webster and Town of Webster (Town Board) denying petitioner's application to rezone 20 acres of land for the construction of a shopping center. Special Term reversed the Town Board's determination and remitted...

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