MTR OF RETAIL SPRAWL v. GIZA


280 A.D.2d 234 (2001)

722 N.Y.S.2d 645

In the Matter of CITIZENS AGAINST RETAIL SPRAWL, by GEORGE CIANCIO, as President, et al., Appellants, v. ROBERT GIZA, as Supervisor of Town of Lancaster, et al., Respondents.

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

March 21, 2001.


Attorney(s) appearing for the Case

David J. Seeger, Buffalo, for Citizens Against Retail Sprawl, appellant.

Richard J. Sherwood, Lancaster, for Robert Giza and others, respondents.

Hiscock & Barclay, L. L. P., Buffalo (Charles C. Martorana and Darrly J. Colosi of counsel), for Bella Vista Group, Inc. and others, respondents.

Magavern, Magavern & Grimm, Buffalo (Richard A. Grimm, III, of counsel), for John A. Martzolf and another, respondents.

PINE, HURLBUTT, KEHOE and LAWTON, JJ., concur.


OPINION OF THE COURT

PIGOTT, JR., P. J.

On or about March 15, 1999, respondent NEC Transit William, LLC (NEC) submitted an application to respondent Town Board of the Town of Lancaster (Town Board) seeking to rezone approximately 36 acres of property located at the intersection of Transit Road and William Street in the Town of Lancaster (Town) from its previous designations as "commercial and motor services district" (15 acres with frontage on Transit Road...

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