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MATTER OF SCENIC HUDSON, INC. v. TOWN OF FISHKILL TOWN BOARD

258 A.D.2d 654 (1999)

685 N.Y.S.2d 777

In the Matter of SCENIC HUDSON, INC., et al., Appellants, v. TOWN OF FISHKILL TOWN BOARD et al., Respondents.

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

Decided February 22, 1999.

Ordered that the judgment is reversed, on the law, without costs or disbursments, the petition is granted, the resolution is annulled, and it is declared that Local Laws, 1993, No. 4 of the Town of Fishkill is void and unenforceable.

The respondent Sour Mountain Realty, Inc. (hereinafter Sour Mountain), owns two contiguous parcels in the Town of Fishkill totalling approximately 250 acres. At least a portion of the site...

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