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IN THE MATTER OF CAPITOL REAL ESTATE, INC. v. TOWN BOARD OF TOWN OF CHARLTON

23 A.D.3d 858 (2005)

804 N.Y.S.2d 449

In the Matter of CAPITOL REAL ESTATE, INC., Respondent-Appellant, v. TOWN BOARD OF TOWN OF CHARLTON, Appellant-Respondent.

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

November 17, 2005.

Mugglin, J.

Petitioner proposed a three-phase real estate subdivision in the Town of Charlton, Saratoga County. As germane to this proceeding, petitioner received final approval for Phase I of the development from the Town of Charlton Planning Board in December 1993, conditioned upon provision of municipal water. Petitioner's sixth application to extend a water district to respondent was denied by resolution dated May 12...

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