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HBP ASSOCS. v. STATE

254 A.D.2d 457 (1998)

678 N.Y.S.2d 781

HBP Associates, Appellant, v. State of New York, Respondent. (Claim No. 92772.) HBP Associates, Appellant, v. State of New York, Respondent. (Claim No. 92773.) Pinecrest Associates, Inc., Appellant, v. State of New York, Respondent. (Claim No. 92774.)

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

October 26, 1998

Ordered that the order is affirmed, with costs.

The claimants HBP Associates and Pinecrest Associates, Inc., own properties located within the bounds of Orange County Sewer District No. 1 (hereinafter OCSD), in Orange County. As a result of pollution in the area, the New York State Department of Environmental Conservation (hereinafter the DEC), imposed a regulatory moratorium, which precluded the OCSD from granting further sewer line extensions or hookups to the OCSD...

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