CONCERNED CITIZENS v. TOWN BD.


148 A.D.2d 130 (1989)

In the Matter of Schodack Concerned Citizens et al., Appellants, v. Town Board of the Town of Schodack et al., Respondents, and Hannaford Brothers Company et al., Intervenors-Respondents

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

July 13, 1989


Attorney(s) appearing for the Case

Lewis B. Oliver for appellants.

Whiteman, Osterman & Hanna (Phillip H. Dixon of counsel), for Town Board of the Town of Schodack and others, respondents.

Dudley & Associates (David R. Dudley of counsel), for Rensselaer County Industrial Development Agency, respondent.

Shanley, Sweeney & Reilly (J. Michael Naughton of counsel), for intervenors-respondents.

WEISS, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.


MERCURE, J.

In March 1988, Hannaford Brothers Company (hereinafter Hannaford) announced its proposal to construct a distribution facility (hereinafter the facility) on a 100-acre parcel near the intersection of U.S. Route 9 and Interstate Route 90 in the Town of Schodack, Rensselaer County. Hannaford subsequently applied to respondent Town Board of the Town of Schodack for a zone change from Residential-Agricultural...

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