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CONT'L BLDG. v. N. SALEM

211 A.D.2d 88 (1995)

Continental Building Company, Inc., Respondent-Appellant, v. Town of North Salem et al., Appellants-Respondents

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

April 27, 1995

Attorney(s) appearing for the Case

Stephens, Buderwitz, Baroni, Reilly & Lewis, White Plains (Gerald D. Reilly, Roland A. Baroni, Jr., and Claudia Guerrino of counsel), for appellants-respondents.

Shamberg Marwell Cherneff Hocherman Davis & Hollis, P. C., Mount Kisco (Stuart R. Shamberg, Geraldine N. Tortorella and Adam L. Wekstein of counsel), for respondent-appellant.

Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P. C., Uniondale (John M. Armentano and James A. Bradley of counsel), for Concerned Residents of North Salem, amicus curiae.

CARDONA, P. J., MERCURE, WHITE and PETERS, JJ., concur.

SPAIN, J.

Defendant Town of North Salem (hereinafter the Town) consists of approximately 14,000 acres (20 square miles) and is situated in the extreme northeast corner of Westchester County. Plaintiff owns approximately 63 acres of undeveloped land in the Town. In the late 1970's, plaintiff sought to develop approximately 32 acres of its property. The Town issued plaintiff a special use permit for its proposed...

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