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MKT. SQ. v. ZONING BD.

109 A.D.2d 164 (1985)

In the Matter of Market Square Properties, Ltd., Respondent, v. Town of Guilderland Zoning Board of Appeals, Appellant

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

July 11, 1985

Attorney(s) appearing for the Case

Hinman, Straub, Pigors & Manning, P. C. (William F. Sheehan of counsel), for appellant.

Tobin & Dempf (John W. Clark of counsel), for respondent.

Hancock & Estabrook (David E. Peebles and Elletta Sangrey Callahan of counsel), for Guilderland Central School District, amicus curiae.

KANE, J. P., MAIN, CASEY and WEISS, JJ., concur.

LEVINE, J.

Petitioner commenced this CPLR article 78 proceeding to review a determination by respondent which denied a special use permit for the establishment of a shopping center. The proposed development was to be placed on 7.6 acres of land located at the southeast corner of the intersection of Western Avenue (a State highway) and Johnston Road (an Albany County highway in the Town of Guilderland) and was to consist of retail stores totaling 71,000...

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