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IN THE MATTER OF ROANOKE SAND & GRAVEL CORP. v. TOWN OF BROOKHAVEN

24 A.D.3d 783 (2005)

809 N.Y.S.2d 95

In the Matter of ROANOKE SAND & GRAVEL CORP., Respondent, v. TOWN OF BROOKHAVEN et al., Appellants.

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

December 27, 2005.

Ordered that the order and judgment is modified, on the law and as an exercise of discretion, by deleting the provisions thereof, in effect, declaring that chapter 17E of the Code of the Town of Brookhaven is null and void, granting the petition, and directing the Department of Planning, Environment, and Development of the Town of Brookhaven to process the application; as so modified, the order and judgment is affirmed, without costs or disbursements, the petition is deemed...

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