PRICE v. COMMON COUNCIL


3 Misc.3d 625 (2004)

773 N.Y.S.2d 224

In the Matter of ROBERT T. PRICE et al., Petitioners, v. COMMON COUNCIL OF THE CITY OF BUFFALO et al., Respondents.

Supreme Court, Erie County.

January 22, 2004.


Attorney(s) appearing for the Case

Arthur J. Giacalone for petitioners.

Michael B. Risman, Corporation Counsel (Lenora B. Foote of counsel), for Common Council of City of Buffalo and another, respondents.

Magavern, Magavern & Grimm, L.L.P. (Richard A. Moore of counsel), for Kaleida Health, respondent.

Lipman & Biltekoff, LLP (Robert A. Biltekoff of counsel), for Mercy Flight, Inc., respondent.


OPINION OF THE COURT

JOHN P. LANE, J.

In March 2003, respondent Kaleida Health, doing business as Women and Children's Hospital of Buffalo, submitted an application for approval of a privately owned helipad or heliport by respondent Common Council and a site plan and design for the helipad for review and approval by respondent Planning Board. The application sought a special permit to operate a helipad at one of four different locations within the hospital...

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