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WEBSTER ASSOC. v. WEBSTER

112 Misc.2d 396 (1981)

Webster Associates et al., Petitioners, v. Town of Webster et al., Constituting the Town Board of the Town of Webster, et al., Respondents.

Supreme Court, Monroe County.

February 18, 1981

Attorney(s) appearing for the Case

Winer, Neuburger & Sive (David Sive of counsel), and Robinson, Williams, Angeloff & Frank (Bernard A. Frank of counsel), for petitioners. Sutton, De Leeuw, Clark & Darcy (Robert L. Teamerson of counsel), for Town of Webster and others, respondents. Harter, Secrest, & Emery (William H. Helferich, III, and Neal D. Madden of counsel), for Expressway Associates, respondent. Middleton, Wilson, Boylan & Gianniny (John M. Wilson, II, of counsel), for Bruce C. Hegedorn, respondent.

DAVID O. BOEHM, J.

On October 23, 1980 the Webster Town Board passed a resolution declaring its intent to rezone a large parcel of land to permit the construction there of a regional shopping mall. Since that time certain Webster residents and a competing developer, Webster Associates, Inc., have attempted to overturn that rezoning decision by commencing a CPLR...

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