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MATTER OF J.B. REALTY ENTERPRISE CORPORATION v. CITY OF SARATOGA SPRINGS

270 A.D.2d 771 (2000)

704 N.Y.S.2d 742

In the Matter of J.B. REALTY ENTERPRISE CORPORATION, Appellant, v. CITY OF SARATOGA SPRINGS et al., Respondents.

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

Decided March 23, 2000.

Cardona, P. J.

Petitioner owns an apartment complex located on High Rock Avenue in the City of Saratoga Springs, Saratoga County, across from property owned by respondent City of Saratoga Springs known as High Rock Park. Due to the fact that High Rock Park is situated within the historic district of the City, the removal, addition or alteration of any park feature is subject to approval by respondent Design Review Commission of the City (hereinafter DRC) under the...

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