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HARRIS v. TOWN OF FORT ANN

35 A.D.3d 928 (2006)

825 N.Y.S.2d 804

LEE D. HARRIS et al., Appellants, v. TOWN OF FORT ANN et al., Respondents, et al., Defendants.

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

Decided December 7, 2006.

Lahtinen, J.

In June 2000, plaintiffs entered into a contract with Cellular One to lease a small portion of their 37-acre farm in the Town of Fort Ann, Washington County, for a telecommunications tower. Cellular reserved the right to cancel the agreement in the event that it could not obtain the necessary approval to construct the tower from the Town. Plaintiffs and Cellular commenced the application process, and a group of individuals organized to oppose the tower...

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