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EVANS v. TULLY PLANNING BD.

140 Misc.2d 400 (1988)

In the Matter of N. Earle Evans, Petitioner, v. Town of Tully Planning Board, Respondent.

Supreme Court, Onondaga County.

April 7, 1988

Attorney(s) appearing for the Case

Bond, Schoeneck & King (H. Dean Heberlig, Jr., of counsel), for petitioner. Deegan & Dadey (Thomas V. Dadey of counsel), for respondent.

NORMAN A. MORDUE, J.

The petitioner has brought an action pursuant to CPLR article 78 as a result of the denial by the Planning Board of the Town of Tully of petitioner's request for preliminary approval of the filing of a subdivision plat map.

The background of this litigation is as follows: Petitioner is the contract vendee of 65 plus acres of land including 2 ponds (Round Pond and Gatehouse Pond...

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