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ALBANY BLDRS. v. CLIFTON PARK

172 A.D.2d 54 (1991)

In the Matter of Albany Area Builders Association et al., Appellants, v. Town of Clifton Park et al., Respondents

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

December 5, 1991

Attorney(s) appearing for the Case

De Graff, Foy, Holt-Harris & Mealey (James T. Potter and Kirk M. Lewis of counsel), for appellants.

Kevin A. Luibrand (Diane De Furio Foody of counsel), for respondents.

WEISS, J. P., MIKOLL, YESAWICH JR. and CREW III, JJ., concur.

HARVEY, J.

On June 19, 1989, respondent Town of Clifton Park enacted Local Laws, 1989, No. 12 (hereinafter the Phased Growth Law), which basically limits the number of yearly building permits that can be issued in a designated development area to 20% of the total units approved for any given project. The subject development area encompasses roughly 10% of the Town's total area and is located near exit 8 of the...

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