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MATTER OF BALDASSARE v. PLANNING BD. OF THE TOWN OF ITHACA

200 A.D.2d 948 (1994)

607 N.Y.S.2d 459

In the Matter of Ken Baldassare, Respondent, v. Planning Board of the Town of Ithaca et al., Appellants

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

January 27, 1994

Crew III, J.

Petitioner is the contract lessee of certain property located in the Town of Ithaca, Tompkins County. The property in question is located in a district zoned Business C. In March 1991, petitioner submitted to respondent Planning Board of the Town of Ithaca a site plan for the development of a take-out restaurant on the property. Following a public hearing, petitioner's application was denied due to, inter alia, traffic concerns. Petitioner...

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