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IN THE MATTER OF CITIZENS AGAINST SPRAWL-MART v. PLANNING BOARD OF CITY OF NIAGARA FALLS

8 A.D.3d 1052 (2004)

778 N.Y.S.2d 394

In the Matter of CITIZENS AGAINST SPRAWL-MART, by LEO F. ALCURI et al., Appellants, v. PLANNING BOARD OF CITY OF NIAGARA FALLS et al., Respondents. (Appeal No. 2.)

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

June 14, 2004.

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:

Respondent Planning Board of the City of Niagara Falls (Planning Board) approved the construction of a 53-acre retail shopping complex consisting of a Wal-Mart Supercenter parcel, a Sam's Club with an associated gasoline filling station parcel, and...

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