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MATTER OF WIDEWATERS ROUTE 11 POTSDAM COMPANY, LLC v. TOWN OF POTSDAM

51 A.D.3d 1292 (2008)

858 N.Y.S.2d 820

In the Matter of WIDEWATERS ROUTE 11 POTSDAM COMPANY, LLC, Appellant, v. TOWN OF POTSDAM et al., Respondents.

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

Decided May 22, 2008.

Spain, J.

In May 2006, respondent Patience Realty, LLC submitted an application for site plan approval and a special use permit in order to construct retail space on its real property located in the Town of Potsdam, St. Lawrence County, which has frontage on US Route 11 (hereinafter the Patience parcel). Petitioner's real property, which is contiguous to and in back of the Patience parcel, has frontage on Morley-Potsdam Road, but no frontage on US Route 11. Respondent...

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