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SAVE OPEN SPACE v. PLANNING BOARD OF TOWN OF NEWBURGH

49 A.D.3d 885 (2008)

855 N.Y.S.2d 575

In the Matter of SAVE OPEN SPACE et al., Petitioner, and NEWBURGH CAPITAL GROUP, INC., Appellant, v. PLANNING BOARD OF TOWN OF NEWBURGH et al., Respondents.

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

Decided March 25, 2008.

Ordered that the judgment is affirmed, with one bill of costs.

In 2004 the respondent Wilder Balter Partners, Inc. (herein-after WBP), submitted an application to the respondent Planning Board of the Town of Newburgh (hereinafter the Planning Board) for permission to build an approximately 850,000 squarefoot shopping mall on property in Newburgh, New York. The Planning Board declared itself lead agency on the project and...

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