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MTR. AGRIC. SOC. v. CLUCHEY

40 N.Y.2d 194 (1976)

In the Matter of Erie County Agricultural Society, Appellant, v. George L. Cluchey, as Assessor of the Town of Hamburg, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1976.

Attorney(s) appearing for the Case

Edward D. Siemer for appellant.

Walter L. Rooth, Town Attorney (Francis X. Murphy of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and FUCHSBERG concur with Judge COOKE; Judge GABRIELLI dissents and votes to affirm in a separate opinion in which Judge WACHTLER concurs.

COOKE, J.

The Erie County Agricultural Society was organized in 1819 and incorporated in 1856. Its past as well as present purpose remains the promotion of the agricultural, horticultural, mechanical and manufacturing interests of Erie County and its principal activity continues to be the holding of the annual Erie County Fair and Exposition. The fair, one of the largest in the United States, runs for 9 days...

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