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MATTER OF KELLY v. RANK

52 A.D.2d 984 (1976)

In the Matter of Hugh Kelly et al., Appellants, v. Henry Rank et al., Constituting The Planning Board of the Town of Olive, Respondents. Valda Construction Corp., Intervenor-Respondent

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

May 20, 1976

Petitioners are residents of the Town of Olive, Ulster County. Their dwelling is adjacent to a parcel owned by Valda Construction Corp., the intervenor herein, which has received approval, after a hearing before the town planning board, of a 19-lot subdivision to be named "Butternut Knolls." In seeking to annul the determination of the planning board, petitioners argue, among other things, that the board's decision was arbitrary and capricious and in violation of lawful procedures...

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