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MATTER OF LODGE HOTEL, INC. v. TOWN OF ERWIN PLANNING BOARD

62 A.D.3d 1257 (2009)

877 N.Y.S.2d 803

In the Matter of LODGE HOTEL, INC., Respondent-Appellant, v. TOWN OF ERWIN PLANNING BOARD, Appellant-Respondent.

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

Decided May 1, 2009.

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

Memorandum: Respondent appeals from a judgment granting the petition seeking to annul its determination denying petitioner's application for site plan approval for the construction of a Tractor Supply store in a B-2 Office/Commercial District and remitting the matter to respondent for approval of the site plan. We affirm. Contrary...

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