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CIMATO BROS., INC. v. TOWN OF PENDLETON

237 A.D.2d 883 (1997)

654 N.Y.S.2d 888

Cimato Bros., Inc., Appellant, v. Town of Pendleton et al., Respondents

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

March 14, 1997

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1986 the Town Board of the Town of Pendleton (Town) enacted a Public Improvement Project (PIP) ordinance. The ordinance required subdivision owners and developers to obtain a permit for the installation of public improvements such as sidewalks, storm and sanitary sewers and roadways. In addition, the ordinance imposed a permit fee that was intended...

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