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DOWNEY FARMS DEVELOPMENT CORP. v. TOWN OF CORNWALL PLANNING BOARD

20 Misc.3d 566 (2008)

858 N.Y.S.2d 542

DOWNEY FARMS DEVELOPMENT CORP., Petitioner, v. TOWN OF CORNWALL PLANNING BOARD, Respondent.

Supreme Court, Orange County.

April 16, 2008.

Attorney(s) appearing for the Case

Drake, Loeb, Heller, Kennedy, Gogerty, Gaba & Rodd, PLLC, New Windsor, for respondent.

Dorfman Knoebel & Conway, Nyack, for petitioner.

OPINION OF THE COURT

ELAINE SLOBOD, J.

The Town of Cornwall amended its local zoning law effective June 23, 2005. Among the changes made at that time to the Town's code, the area on New York State Route 94 at the intersection of Jackson Avenue in the vicinity of the Bethlehem Church, an historic landmark, was up-zoned from one to two acres for single-family residences.

On April 12, 2004, some 14 months before this zoning change, the petitioner, Downey...

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