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MATTER OF METEOR ENTERPRISES, LLC v. BYLEWSKI

38 A.D.3d 1356 (2007)

831 N.Y.S.2d 787

In the Matter of METEOR ENTERPRISES, LLC, et al., Respondents, v. SCOTT BYLEWSKI et al., Comprising the Town Board of Town of Clarence, Appellants, et al., Respondents.

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

Decided March 16, 2007.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Petitioners are, respectively, the contract vendee and the current owner of a 160-acre parcel in the Town of Clarence (Town) on which petitioner Meteor Enterprises, LLC (Meteor) seeks to construct a 230-unit clustered housing development. Meteor seeks to undertake the project pursuant to...

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