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MATTER OF AHU REALTY CORP. v. GOODWIN

81 A.D.2d 637 (1981)

In the Matter of AHU Realty Corp., Respondent, v. Herbert J. Goodwin et al., Constituting The Planning Board of the Village of Monroe, et al., Appellants

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

April 20, 1981

Judgment affirmed, without costs or disbursements.

We agree with Special Term that on this record the board could not reasonably require petitioner to "positively demonstrate * * * to the Board that the proposed drainage system will alleviate the existing flooding conditions"; however, the board could properly require petitioner to satisfy it that the proposed drainage system could effectively prevent water runoff in excess of that which occurs on the property in...

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