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WIRELESS ONE v. PLANNING BD.

191 Misc.2d 168 (2002)

738 N.Y.S.2d 829

INDEPENDENT WIRELESS ONE CORPORATION et al., Petitioners, v. TOWN OF MARYLAND PLANNING BOARD et al., Respondents.

Supreme Court, Otsego County.

February 19, 2002.

Attorney(s) appearing for the Case

Crane, Greene & Parente, Albany (Mary Elizabeth Slevin of counsel), for petitioners.

J. Peter Doherty, Sharon Springs, for respondents.

OPINION OF THE COURT

WILLIAM F. O'BRIEN, III, J.

Petitioners instituted this combined CPLR article 78 proceeding and action for a declaratory judgment seeking to compel acceptance of their application for site plan approval to build a 125-foot monopole wireless communications tower at a site located on Hubbard Hill Road in the Town of Maryland, New York. The petition/complaint also seeks a declaration that Local Law No. 1 (2001) of the Town of Maryland ...

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