1. Home
  2. Browse Decisions
  3. NY
  4. 2009 NY
  5. 2009 NY Slip Op 03557
 

IN THE MATTER OF BARKER CENT. SCHOOL DIST. v. NIAGARA COUNTY INDUS. DEV. AGENCY

CA 08-01655

2009 NY Slip Op 03557

IN THE MATTER OF BARKER CENTRAL SCHOOL DISTRICT, BOARD OF EDUCATION OF BARKER CENTRAL SCHOOL DISTRICT, AND LOUIS J. MEAD, INDIVIDUALLY AND AS BOARD PRESIDENT OF BOARD OF EDUCATION OF BARKER CENTRAL SCHOOL DISTRICT, PETITIONERS/PLAINTIFFS-APPELLANTS, v. NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AES SOMERSET, LLC, AES EASTERN ENERGY, L.P., AES NY, L.L.C., AES CORPORATION, COUNTY OF NIAGARA, TOWN OF SOMERSET, RESPONDENTS/DEFENDANTS-RESPONDENTS, ET AL., RESPONDENTS/DEFENDANTS. (PROCEEDING NO. 1.) IN THE MATTER OF TOWN OF SOMERSET AND DUDLEY E. CHAFFEE, RICHARD N. RAY, JR., RANDALL J. WAYNER, AND APRIL C. GOW, AS MEMBERS OF THE SOMERSET TOWN BOARD AND IN THEIR INDIVIDUAL CAPACITIES, PETITIONERS-APPELLANTS, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, HENRY M. SLOMA, CHAIRPERSON, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY, AES SOMERSET, LLC, AND AES EASTERN ENERGY, L.P., RESPONDENTS-RESPONDENTS. (PROCEEDING NO. 2.) (AND ANOTHER PROCEEDING.).

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

Decided May 1, 2009.

Attorney(s) appearing for the Case

PUSATERI & FITZGERALD LLP, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PETITIONERS/PLAINTIFFS-APPELLANTS.

ANDREWS, PUSATERI, BRANDT, SHOEMAKER & ROBERSON, P.C., LOCKPORT (ROBERT S. ROBERSON OF COUNSEL), FOR PETITIONERS-APPELLANTS.

HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR RESPONDENT/DEFENDANT-RESPONDENT NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND RESPONDENTS-RESPONDENTS NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY AND HENRY M. SLOMA, CHAIRPERSON, NIAGARA COUNTY INDUSTRIAL DEVELOPMENT AGENCY.

HISCOCK & BARCLAY, LLP, BUFFALO (MARK R. MCNAMARA OF COUNSEL), FOR RESPONDENTS/DEFENDANTS-RESPONDENTS AES SOMERSET, LLC, AES EASTERN ENERGY, L.P., AES NY, L.L.C., AND AES CORPORATION AND RESPONDENTS-RESPONDENTS AES SOMERSET, LLC AND AES EASTERN ENERGY, L.P.

JAMES R. SANDNER, LATHAM (JAMES D. BILIK OF COUNSEL), FOR NEW YORK STATE UNITED TEACHERS, BARKER TEACHERS UNION, AND BARKER CENTRAL SCHOOL SUPPORT STAFF, AMICI CURIAE.

PRESENT: SCUDDER, P.J., HURLBUTT, PERADOTTO, and GORSKI, JJ.

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases