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IN THE MATTER OF MILLER v. BALLAND

7 A.D.3d 916 (2004)

776 N.Y.S.2d 630

In the Matter of BRUCE R. MILLER et al., Petitioners, v. MARY ANN BALLAND et al., Respondents.

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

May 13, 2004.

Kane, J.

Petitioners, both residents of the Town of Big Flats, Chemung County, commenced this proceeding seeking to remove respondent Mary Ann Balland from the office of Town Supervisor and respondents Duane Gardner, Leonard Kaner and Edward Fairbrother as Members of the Town Council. The petition asserts that respondents unlawfully issued a building permit for a new town community center by not collecting a fee and failing to obtain a sewage treatment system construction...

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