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MATTER OF ROCHESTER TEL. MOBILE COMMUNICATIONS v. COLE

224 A.D.2d 918 (1996)

637 N.Y.S.2d 878

In the Matter of Rochester Telephone Mobile Communications, Respondent, v. Thomas Cole et al., Constituting The Planning Board of Town of Ogden, Respondents, and Ogden Citizens for Responsible Land Use, Ltd., Proposed Intervenor-Appellant

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

February 2, 1996

Judgment unanimously reversed on the law without costs, motion granted and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking a judgment annulling the determination of respondent Planning Board of the Town of Ogden (Planning Board), which had denied petitioner's application for a permit to construct a cellular communications tower (tower) in the Town of Ogden. Ogden...

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