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TOWN OF AMHERST v. ROCKINGHAM ESTATES, LLC

56 A.D.3d 1298 (2008)

867 N.Y.S.2d 636

TOWN OF AMHERST, Appellant, v. ROCKINGHAM ESTATES, LLC, Respondent, et al., Defendants. (Appeal No. 1.)

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

November 21, 2008.

Memorandum:

Rockingham Estates, LLC (defendant) is the owner and developer of a residential subdivision consisting of 61 lots. Plaintiff's Planning Board approved the final subdivision plat (final plat) submitted by defendant, which defendant then filed. Thereafter, plaintiff's engineer sent a letter to defendant asking it to amend and file the final plat (amended plat) to indicate that a 30-foot sanitary sewer easement...

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