MATTER OF WIND POWER ETHICS GROUP (WPEG) v. ZONING BOARD OF APPEALS OF TOWN OF CAPE VINCENT


60 A.D.3d 1282 (2009)

875 N.Y.S.2d 359

In the Matter of WIND POWER ETHICS GROUP (WPEG) et al., Appellants, v. ZONING BOARD OF APPEALS OF TOWN OF CAPE VINCENT et al., Respondents, et al., Respondents. (Appeal No. 1.)

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

Decided March 20, 2009.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Respondent St. Lawrence Windpower, LLC (St. Lawrence) applied to the Town of Cape Vincent Planning Board for, inter alia, site plan approval for its proposed construction of a series of wind-powered generators (project) on property designated as an "Agricultural Residential District." Petitioners commenced this CPLR article 78 proceeding seeking to annul the...

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