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ASHCRAFT EXCAVATING CO., INC. v. CLARK

79 A.D.2d 722 (1980)

Ashcraft Excavating Co., Inc., Respondent, v. Margaret A. Clark et al., Appellants

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

December 4, 1980

In 1976, plaintiff submitted subdivision plans to the Town Planning Board of the Town of Owego for its approval. The board held various meetings and thereafter granting final approval of the plans. Defendant Margaret Clark, individually and on behalf of a group of neighboring landowners, then instituted a proceeding pursuant to CPLR article 78 seeking to nullify the board's approval of the plans on the ground that the action of the board was arbitrary and capricious. Special...

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