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TRI CITIES PARK v. EN. CON.

76 A.D.2d 232 (1980)

In the Matter of Tri Cities Industrial Park, Appellant, v. Commissioner of the Department of Environmental Conservation et al., Respondents. Environmental Management Council of the County of Albany, Intervenor-Respondent

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

July 17, 1980

Attorney(s) appearing for the Case

Tate, Tate, Miller & Ruthman (Rex Ruthman of counsel), for appellant.

Robert Abrams, Attorney-General (Kathleen Morrison and Shirley Adelson Siegel of counsel), for respondents.

Robert G. Lyman, County Attorney (Cathryn M. Nick of counsel), for intervenor-respondent.

GREENBLOTT, J. P., MAIN, MIKOLL and HERLIHY, JJ., concur.

SWEENEY, J.

The facts are somewhat lengthy, but a full recitation is required to understand and resolve the issues raised. Petitioner applied, on July 19, 1977, to the Town of Colonie to have a 90-acre parcel of land rezoned from "undeveloped" to "heavy commercial" in order to permit the development of an industrial park. The Colonie Planning Board directed petitioner to prepare an environmental assessment of...

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