Adjudged, that the determination is confirmed and the proceeding is dismissed, on the merits, with one bill of costs payable to the respondents appearing separately and filing separate briefs.
It is well settled that, in order to prevail, a party contesting the establishment of a community residential facility for the disabled must adduce clear and convincing evidence that "the establishment of the facility will result in both an over-concentration of similar facilities...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.