KENT ACRES DEVELOPMENT CO., LTD. v. CITY OF NEW YORK


41 A.D.3d 542 (2007)

841 N.Y.S.2d 108

KENT ACRES DEVELOPMENT CO., LTD., et al., Respondents-Appellants, v. CITY OF NEW YORK et al., Respondents, and TOWN BOARD OF TOWN OF KENT et al., Appellants-Respondents. (Matter No. 1.) In the Matter of KENT ACRES DEVELOPMENT CO., LTD., et al., Appellants, v. CITY OF NEW YORK et al., Respondents. (Matter No. 2.)

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

Decided June 12, 2007.


Ordered that the order and judgment is modified, on the law, by adding thereto provisions declaring that 15 RCNY 18-82 (g) (1) is valid and that the wastewater treatment plant does not constitute a noncomplying regulated activity; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

In the early 1980's, the plaintiff-petitioner Kent Acres Development Co., Ltd. (hereinafter Kent Acres), decided...

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