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EAST COAST DEV. CO. v. KAY

174 Misc.2d 430 (1996)

667 N.Y.S.2d 182

East Coast Development Company et al., Petitioners, v. David Kay, as Chairperson of the City of Ithaca Planning and Development Board, et al., Respondents.

Supreme Court, Tompkins County.

March 4, 1996

Attorney(s) appearing for the Case

Dorfman, Lynch & Knoebel, Nyack (Dennis E. A. Lynch of counsel), for petitioners. Mariette Geldenhuys, City Attorney of Ithaca (Patricia M. Kennedy of counsel), for respondents.

WALTER J. RELIHAN, JR., J.

The East Coast Development Company brings a CPLR article 78 proceeding to nullify a decision of the City of Ithaca Planning Board which rejected petitioner's site plan for a commercial building, to be located in a commercial zone bordered by an undeveloped floodway zone. The structure, of 130,000 square feet with expansion space for 30,000 more, would be occupied by a Wal-Mart discount...

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