MATTER OF FUSS v. HANNIBAL TOWN PLANNING BOARD


295 A.D.2d 921 (2002)

744 N.Y.S.2d 111

In the Matter of JOSEPH P. FUSS et al., Appellants, v. HANNIBAL TOWN PLANNING BOARD et al., Respondents. (Appeal No. 1.)

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

Decided June 14, 2002.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Petitioners commenced a proceeding pursuant to CPLR article 78 seeking to annul the determination of respondent Hannibal Town Planning Board (Planning Board) approving the application of respondent SBA, Inc. for a special permit to construct a telecommunications tower in the Town of Hannibal...

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