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IN THE MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSN., INC. v. ZONING BD. OF APPEALS OF TOWN OF BEEKMANTOWN

503704.

2008 NY Slip Op 06407

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, ET AL., Respondent.

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

Decided and Entered: July 24, 2008.

Attorney(s) appearing for the Case

Law Office of James M. Brooks, Lake Placid (James M. Brooks of counsel), for appellants.

Carl J. Madonna, Plattsburgh, for Zoning Board of Appeals of the Town of Beekman and others, respondents.

Whiteman, Osterman & Hanna, L.L.P., Albany (John J. Henry of counsel), for Windhorse Power, LLC, respondent.

Before: Peters, J.P., Spain, Carpinello, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND ORDER

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...

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