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HUDSON FALLS v. SARATOGA IDA

217 A.D.2d 330 (1995)

634 N.Y.S.2d 559

In the Matter of Hudson Falls Central School District, Appellant, v. Saratoga County Industrial Development Agency, Respondent

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

November 30, 1995

Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart & Rhodes, P. C., Glens Falls (J. Lawrence Paltrowitz of counsel), for appellant.

Snyder, Kiley, Toohey & Corbett, Saratoga Springs (Michael J. Toohey of counsel), for respondent.

CARDONA, P. J., and CASEY, J., concur with MERCURE, J.; MIKOLL and WHITE, JJ., dissent in a separate opinion by MIKOLL, J.

MERCURE, J.

In 1992, respondent passed an inducement resolution conditionally authorizing the issuance of industrial development revenue bonds to provide financing for Adirondack Hydro Development Corporation's proposed project for construction and installation of a hydroelectric power generating facility on property in the Town of Moreau, Saratoga County, situated wholly within the boundaries of the Hudson...

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