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MATTER OF KING RD. MATERIALS, INC. v. GARAFALO

173 A.D.2d 931 (1991)

In the Matter of King Road Materials, Inc., Appellant, v. Terry Garafalo et al., Constituting The Town Board of the Town of Clifton Park, et al., Respondents

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

May 2, 1991

Casey, J.

Petitioner challenges the denial of its application for a special use permit to construct and operate a hot mix asphalt plant on Wood Road in the Town of Clifton Park, Saratoga County. When petitioner initially submitted its application in September 1988, the proposed use was allowed by special use permit in the light industrial district where petitioner's property is located, but on December 19, 1988 the Town Board amended its zoning ordinance...

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