MATTER OF TAXPAYERS OPPOSED TO FLOODMART, LTD. v. CITY OF HORNELL INDUS. DEV. AGENCY


212 A.D.2d 958 (1995)

624 N.Y.S.2d 689

In the Matter of Taxpayers Opposed to Floodmart, Ltd., Appellant, v. City of Hornell Industrial Development Agency et al., Respondents, and Polar-Bek & Baker, Intervenor-Respondent

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

February 3, 1995


Judgment insofar as appealed from unanimously reversed on the law with costs and petition granted in accordance with the following Memorandum:

In December 1992 respondent City of Hornell (City) annexed an 80-acre parcel of property and rezoned that parcel B-2 General Business. Petitioner challenged the annexation and rezoning on several grounds. Supreme Court concluded that "a draft environmental impact statement was required...

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