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BALL METAL BEVERAGE CONTAINER CORP. v. ASSESSOR FOR THE CITY OF SARATOGA SPRINGS

194 Misc.2d 42 (2002)

753 N.Y.S.2d 325

BALL METAL BEVERAGE CONTAINER CORP., Petitioner, v. ASSESSOR FOR THE CITY OF SARATOGA SPRINGS et al., Respondents. (And Another Action.)

Supreme Court, Saratoga County.

November 25, 2002.

Attorney(s) appearing for the Case

Matthew J. Dorsey, Saratoga Springs, for respondents.

Hiscock Barclay Saperston & Day, P.C., Buffalo, for petitioner.

Richard F. Mullaney, Saratoga Springs, for Saratoga Springs City School District.

OPINION OF THE COURT

THOMAS D. NOLAN, JR., J.

In May 1996, Ball conveyed a 24.5 acre parcel, the site of its manufacturing and warehouse facility, to the industrial development agency (IDA) and, as part of the financing transaction, leased back the property for 10 years. Also, as part of the transaction, Ball and the IDA entered into a "Payment in Lieu of Tax [PILOT] Agreement" in which Ball agreed to make certain...

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