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MATTER OF ANDERSON v. TOWN OF CLARENCE

294 A.D.2d 837 (2002)

740 N.Y.S.2d 907

In the Matter of TODD ANDERSON et al., Appellants, v. TOWN OF CLARENCE et al., Respondents.

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

Decided May 3, 2002.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is granted.

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondent Town Board of the Town of Clarence (Board) to reissue a special exception use permit (permit) on the ground that the revocation of petitioners' previous permit was arbitrary and capricious. Supreme...

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