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MATTER OF HEADRIVER, LLC v. TOWN BOARD OF THE TOWN OF RIVERHEAD

2 N.Y.3d 766 (2004)

813 N.E.2d 585

780 N.Y.S.2d 505

IN THE MATTER OF HEADRIVER, LLC, Respondent, v. TOWN BOARD OF THE TOWN OF RIVERHEAD, Appellant.

Court of Appeals of the State of New York.

Decided May 4, 2004.

Attorney(s) appearing for the Case

Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, Riverhead (Frank Isler and Phil Siegel of counsel), for appellant.

Bracken, Margolin & Gouvis, LLP, Islandia (Linda U. Margolin of counsel), for respondent.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

Headriver, LLC, is a contract vendee for a parcel of real property located in Riverhead, New York, on which it intends to build and operate a Lowes Home Center. Headriver was required to apply to the Town Board to obtain a special use permit because the property was considered a lumber yard....

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