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MATTER OF CALM LAKE DEV., INC. v. TOWN BD. OF THE TOWN OF FARMINGTON

213 A.D.2d 979 (1995)

624 N.Y.S.2d 484

In the Matter of Calm Lake Development, Inc., Respondent, v. Town Board of the Town of Farmington et al., Appellants

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

March 17, 1995

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

We agree with the contention of respondents that Supreme Court erred in determining that certain property owned by petitioner should not be included within a highway improvement district. The highway improvement district was established pursuant to a resolution authorizing respondents to accept and construct a right-of-way and other necessary...

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