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FLACKE v. FRESHWATER WETLAND

77 A.D.2d 66 (1980)

In the Matter of Robert F. Flacke, as Commissioner of Environmental Conservation of The State of New York, Appellant-Respondent, v. Freshwater Wetlands Appeals Board of the State of New York et al., Respondents-Appellants

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

October 23, 1980

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Francis J. Keehan, James A. Sevinsky and Shirley Adelson Siegel of counsel), for appellant-respondent.

Simpson, Thacher & Bartlett (Whitney North Seymour, Jr., Anthony E. Satula, Jr., and Molly K. Heines of counsel), for Freshwater Wetlands Appeal Board of the State of New York, respondent-appellant.

Caffry, Pontiff, Stewart, Rhodes & Judge (H. Wayne Judge and Mark R. Lebowitz of counsel), for Meadow Run Development Corporation, respondent-appellant.

MAHONEY, P. J., GREENBLOTT, SWEENEY and MAIN, JJ., concur.

MIKOLL, J.

Respondent, Meadow Run Development Corporation (hereinafter Meadow Run) owns the land of Storytown, a tourist attraction in Warren County, New York, located on the easterly side of Route 9. Because of anticipated new business, Meadow Run decided to expand its parking area located west of Route 9. Toward this end, Meadow Run, by letter dated January 19, 1979, requested petitioner Commissioner of Environmental...

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