Controversy unanimously determined in favor of defendants, without costs, and judgment entered in accordance with the following memorandum: This case is submitted to the court for determination pursuant to CPLR 3222. In 1969 the Town of Penfield solicited plaintiff land developers to participate in a large-scale totally financed sanitary sewer district project. Under the plan which was developed to insure that no public funds would be expended for the improvements, plaintiffs...
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