WRIGHT v. TOWN OF LA GRANGE


181 Misc.2d 625 (1999)

694 N.Y.S.2d 862

In the Matter of FORREST W. WRIGHT et al., Petitioners, v. TOWN OF LA GRANGE, Respondent.

Supreme Court, Dutchess County.

June 14, 1999.


Attorney(s) appearing for the Case

Steven Habiague, Poughkeepsie, for petitioners.

Van DeWater & Van DeWater, Poughkeepsie (Ronald C. Blass of counsel), for respondent.


OPINION OF THE COURT

JAMES D. PAGONES, J.

Petitioners seek judgment pursuant to CPLR article 78 as follows:

(1) Voiding a Town Board resolution dated December 9, 1998 which denied petitioners' request to release a maintenance bond.

(2) Declaring that any claims by the Town subsequent to the expiration date of a maintenance bond are unenforceable.

(3) Declaring that the Town may not charge petitioners for professional fees incurred...

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