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MATTER OF CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS v. PLANNING BOARD OF THE TOWN OF CLIFTON PARK

260 A.D.2d 769 (1999)

687 N.Y.S.2d 794

In the Matter of CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Respondent, v. PLANNING BOARD OF THE TOWN OF CLIFTON PARK, Appellant.

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

Decided April 8, 1999.

Mikoll, J.

Petitioner sought a special use permit for the construction of a new church in the Town of Clifton Park, Saratoga County. Respondent denied the application, citing concerns relating to vehicular congestion, water supply and/or pressure, and the plan's incompatibility with the Town's comprehensive plan. Supreme Court annulled the determination, finding it to be arbitrary, capricious and an abuse of discretion, and directed the issuance of the permit subject...

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