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MATTER OF ALLENS CREEK/CORBETTS GLEN PRES. GROUP v. TOWN OF PENFIELD PLANNING BD.

224 A.D.2d 979 (1996)

637 N.Y.S.2d 557

In the Matter of Allens Creek/Corbetts Glen Preservation Group et al., Appellants-Respondents, v. Town of Penfield Planning Board et al., Respondents, and Linden Associates, Respondent-Appellant

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

February 2, 1996

Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Petitioners commenced this combined article 78 proceeding and declaratory judgment action, seeking to annul certain 1989 and 1993 amendments to the Zoning Ordinance of the Town of Penfield by respondent Town Board and to annul other actions taken by respondents concerning a 14-acre parcel owned by respondent Linden Associates. We agree with Supreme...

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