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TAXPAYERS ASSN. v. TOWN BD.

69 A.D.2d 320 (1979)

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

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

July 2, 1979

Attorney(s) appearing for the Case

Rathkopf & Rathkopf (Arden H. Rathkopf and Daren A. Rathkopf of counsel; Richard F. Babcock, R. Marlin Smith and Ross, Hardies, O'Keefe, Babcock & Parsons on the brief), for Sterling Forest Development Corp. and another, appellants.

Doig, Cornell & Mandel (Myron Mandel of counsel), for Neal Martineau, appellant.

Morgan Finnegan Pine Foley & Lee (Alfred P. Ewert of counsel), for Tuxedo Conservation and Taxpayers Association and others, respondents.

Cline, MacVean, Lewis & Sherwin, P. C., for Town Board of Town of Tuxedo and others, respondents.

Louis J. Lefkowitz, Attorney-General (John G. Proudfit, John F. Shea, III, Joseph J. Zedrosser and Samuel A. Hirshowitz of counsel), for the State of New York, amicus curiae.

O'CONNOR and GULOTTA, JJ., concur with COHALAN, J.; SUOZZI, J. P., dissents and votes to reverse the judgment and dismiss the proceeding on the merits, with an opinion.

COHALAN, J.

The Town of Tuxedo, in Orange County, had a population in 1970 (Federal decennial census), of 2,967 persons.

In 1974 Sterling Forest Development Corp. (Sterling) and U.I.D.C. of New York, Inc., filed an application to build a 3,900 residential unit, "Planned Integrated Development", at the rate of not more than 300 units per year, on a plot of about 1,500 acres within the town. The estimated...

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