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MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC. v. ZONING BOARD OF APPEALS OF THE TOWN OF BEEKMANTOWN

53 A.D.3d 954 (2008)

861 N.Y.S.2d 864

In the Matter of WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC., et al., Appellants, v. ZONING BOARD OF APPEALS OF THE TOWN OF BEEKMANTOWN et al., Respondents.

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

Decided July 24, 2008.

Malone Jr., J.

Petitioners commenced this combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment challenging the determination of respondent Zoning Board of Appeals of the Town of Beekmantown (hereinafter ZBA) to grant a conditional use permit to respondent Windhorse Power, LLC to construct a wind farm on a 700-acre parcel located in the Town of Beekmantown, Clinton County. Petitioners primarily contended that the ZBA erroneously determined...

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