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LAND MASTER MONTG I v. TOWN

13 Misc.3d 870 (2006)

821 N.Y.S.2d 432

LAND MASTER MONTG I, LLC, et al., Petitioners-Plaintiffs, v. TOWN OF MONTGOMERY et al., Respondents-Defendants. ROSWIND FARMLAND CORP. et al., Petitioners-Plaintiffs, v. TOWN OF MONTGOMERY et al., Respondents-Defendants.

Supreme Court, Orange County.

September 18, 2006.

Attorney(s) appearing for the Case

Jacobowitz & Gubits, Walden, for petitioners-plaintiffs.

Boeggeman, George, Hodges & Corde, P.C., White Plains, for Town of Montgomery and others, respondents-defendants.

OPINION OF THE COURT

JOSEPH G. OWEN, J.

It is hereby ordered that (i) the motion of petitioners-plaintiffs is granted as to their causes of action based on exclusionary zoning and the State Environmental Quality Review Act (SEQRA) (Land Master 1st, 3d, 7th, 8th, 17th; Roswind 7th, 9th, 13th, 15th, 22d), and is otherwise denied; and (ii) the cross motion of respondents-defendants is granted to the extent that the remaining causes of action are dismissed,...

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