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MTR ENVIROGAS v. KIANTONE

112 Misc.2d 432 (1982)

In the Matter of Envirogas, Inc., Petitioner, v. Town of Kiantone et al., Respondents.

Supreme Court, Erie County.

February 1, 1982

Attorney(s) appearing for the Case

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Richard F. Griffin and Jeremiah J. McCarthy of counsel), for petitioner. John Goodell for respondents.

SAMUEL L. GREEN, J.

In this CPLR article 78 proceeding, petitioner Envirogas, Inc., seeks a determination that subdivision (q) of section 4 of the zoning ordinance of respondent Town of Kiantone (Town) is null and void. The ordinance provides that no oil or gas well shall be constructed in the Town without prior payment of a $2,500 compliance bond and a $25 permit fee.

Petitioner engages in the business of developing and producing oil and gas...

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