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TUXEDO TAXPAYERS v. TN BD

96 Misc.2d 1 (1978)

In the Matter of Tuxedo Conservation and Taxpayers Association et al., Petitioners, v. Town Board of the Town of Tuxedo et al., Respondents.

Supreme Court, Orange County.

July 28, 1978

Attorney(s) appearing for the Case

Alfred P. Ewert for Laurel Ridge Clinton Woods Residents' Association of Tuxedo, Inc., and others, petitioners. Butzel & Kass for Tuxedo Conservation and Taxpayers Association and others, petitioners. Cline, MacVean, Lewis & Sherwin, P. C., for Town Board of the Town of Tuxedo and others, respondents. Rathkopf & Rathkopf for Sterling Forest Development Corp. and others, respondents. Philip H. Gitlen for Department of Environmental Conservation. Louis J. Lefkowitz, Attorney-General (Joseph J. Zedrosser of counsel).

JOHN W. SWEENY, J.

This is a CPLR article 78 proceeding in which the petitioners seek a judgment annulling the December 28, 1977 decision of the Town Board of the Town of Tuxedo whereby the respondents, Sterling Forest Development Corp. (Sterling) and U. I. D. C. of New York, Inc., were granted, among other rights, special permit approval for a 3,900 unit planned integrated development.

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