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MIRACLE MILE ASSOC v. EN CON

98 Misc.2d 519 (1979)

In the Matter of Miracle Mile Associates et al., Petitioners, v. Department of Environmental Conservation of the State of New York et al., Respondents, and South Town Plaza, Inc., Intervenor-Respondent.

Supreme Court, Monroe County.

March 7, 1979

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Rubin & Levey (James M. Hartman, William L. Dorr and Michael C. Normoyle of counsel), for petitioners. Louis J. Lefkowitz, Attorney-General (Murray Susswein and Stanley Fishman of counsel), for Department of Environmental Conservation of the State of New York and others, respondents. Louis N. Kash, Corporation Counsel (Francis D. R. Coleman of counsel), for City of Rochester and others, respondents. Wegman, Mayberry, Burgess, Feldstein & Speranza (Richard S. Mayberry of counsel), for intervenor-respondent.

WILMER J. PATLOW, J.

This article 78 proceeding challenges a ruling of the General Counsel of the New York State Department of Environmental Conservation (hereinafter "DEC") that the Freshwater Wetlands Act (ECL art 24) is applicable to petitioners' proposed regional shopping center development in the Town of Henrietta, New York.

Petitioners are the owners and developers of a proposed 125-acre shopping...

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