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MATTER OF BARKER CENTRAL SCHOOL DISTRICT v. NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY

62 A.D.3d 1239 (2009)

877 N.Y.S.2d 813

In the Matter of BARKER CENTRAL SCHOOL DISTRICT et al., Appellants, v. NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents, et al., Respondents/Defendants. (Proceeding No. 1.) In the Matter of TOWN OF SOMERSET et al., Appellants, v. NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY et al., Respondents. (Proceeding No. 2.) (And Another Proceeding.)

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

Decided May 1, 2009.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, the petition/complaint in proceeding No. 1 and the petition in proceeding No. 2 are granted, the final resolution of the Niagara County Industrial Development Agency dated October 27, 2006 and the resulting agreements are annulled and the Real Property Tax Law article 7 proceedings commenced by respondent/defendant and respondent AES Somerset, LLC with respect...

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