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LEWIS FARM v. ADIRONDACK PARK

22 Misc.3d 568 (2008)

868 N.Y.S.2d 481

LEWIS FAMILY FARM, INC., Petitioner, v. ADIRONDACK PARK AGENCY, Respondent. ADIRONDACK PARK AGENCY, Plaintiff, v. LEWIS FAMILY FARM, INC., Defendant.

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

November 19, 2008.

Attorney(s) appearing for the Case

McNamee, Lochner, Titus & Williams, P.C., Albany (John J. Privitera and Jacob F Lamme of counsel), for petitioner/defendant.

Andrew M. Cuomo, Attorney General, Albany (Loretta Simon of counsel), for respondent/plaintiff.

Arroyo Copland & Associates, PLLC (Cynthia Feathers of counsel), and Elizabeth Corron Dribusch, General Counsel, Albany, for New York Farm Bureau, Inc., as amicus curiae, supporting Lewis Family Farm, Inc.

OPINION OF THE COURT

RICHARD B. MEYER, J.

Consolidated proceeding pursuant to CPLR article 78 challenging a determination by the respondent Adirondack Park Agency (Agency) dated March 25, 2008 which, inter alia, directed petitioner Lewis Family Farm, Inc. (LFF) to apply to the Agency for a permit for three new single-family dwellings and a four-lot subdivision, pay a $50,000 civil penalty, and not to occupy the dwellings until a permit was issued, and an...

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