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LEGACY AT FAIRWAYS, LLC v. McADOO

2007/13326.

2008 NY Slip Op 51730 (U)

LEGACY AT FAIRWAYS, LLC, US HOMES CO., MARK IV CONSTRUCTION CO., INC. and CHRISTOPHER A. DI MARZO, Petitioners-, Plaintiffs, v. SEAN McADOO, ALLAN J. BENEDICT, THE ZONING BOARD OF APPEALS OF THE TOWN OF VICTOR, NEW YORK and THE TOWN OF VICTOR, NEW YORK, Respondents-, Defendants.

Supreme Court of the State of New York, Monroe County.

Decided June 6, 2008.

Attorney(s) appearing for the Case

Anthony J. Adams, Esq., Gates & Adams, Rochester, New York, Attorney for Petitioners-Plaintiffs.

Michael R. Wolford, Esq., Christopher D. Lindquist, Esq., The Wolford Law Firm LLP, Rochester, New York, Attorney for Respondents-Defendants.

THOMAS A. STANDER, J.

The Petitioners-Plaintiffs, Legacy at Fairways, LLC; US Homes Co., Inc.; Mark IV Construction Co., Inc.; and Christopher A. DiMarzo, submit this Petition-motion seeking an order and judgment pursuant to CPLR §7806 annulling certain actions and determinations of Respondents-Defendants, Sean McAdoo; Allan Benedict; The Zoning Board of Appeals; and The Town of Victor, in assessing and enforcing a "recreation fee" against Petitioners-Plaintiffs...

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