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MATTER OF HEUSTIS v. TOWN OF TICONDEROGA PLANNING BOARD

11 A.D.3d 868 (2004)

784 N.Y.S.2d 187

In the Matter of GERALD HEUSTIS, Respondent, v. TOWN OF TICONDEROGA PLANNING BOARD, Appellant, et al., Respondent.

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

October 28, 2004.

Peters, J.

At issue here is whether a conflict of interest existed in May 2003 when respondent Town of Ticonderoga Planning Board (hereinafter the Board) approved respondent Patrick Armstrong's application for a special use permit to conduct gravel extraction and mining on land abutting petitioner's property. After oral argument, Supreme Court dismissed petitioner's CPLR article 78 proceeding and denied his requests for an injunction. With a declaratory judgment action...

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