MATTER OF McDONALD'S CORP. v. BD. OF TRS., VILL. OF ELMSFORD


203 A.D.2d 773 (1994)

610 N.Y.S.2d 387

In the Matter of McDonald's Corporation, Appellant, v. Board of Trustees, Village of Elmsford, Respondent

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

April 21, 1994


Mercure, J.

In this CPLR article 78 proceeding, petitioner challenges respondent's determination denying its application for a special permit to operate a drive-in restaurant within the Village of Elmsford, Westchester County. For the reasons stated in a well-reasoned and comprehensive opinion, Supreme Court granted judgment dismissing the petition. Petitioner now appeals. We conclude that, stripped of its excessive rhetoric, factual misrepresentations...

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