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MATTER OF WOODLAND COMMUNITY ASSOCIATION v. PLANNING BOARD OF TOWN OF SHANDAKEN

52 A.D.3d 991 (2008)

860 N.Y.S.2d 653

In the Matter of WOODLAND COMMUNITY ASSOCIATION et al., Appellants, v. PLANNING BOARD OF THE TOWN OF SHANDAKEN, Respondent, and GOOD WATER CORPORATION et al., Respondents.

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

Decided June 12, 2008.

Rose, J.

In October 2006, after nearly five years of review, respondent Planning Board of the Town of Shandaken issued a resolution and findings approving a site plan and granting a special use permit to respondent Good Water Corporation in connection with its proposal to collect and haul away by truck 5,800 gallons of water twice per day from a spring on land owned by respondents Andrew Poncic and Daria Poncic. The land in question

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