MATTER OF SHELLARD v. TOWN BOARD OF THE TOWN OF QUEENSBURY


70 A.D.3d 1288 (2010)

895 N.Y.S.2d 595

In the Matter of FREDERICK J. SHELLARD et al., Appellants, v. TOWN BOARD OF THE TOWN OF QUEENSBURY et al., Respondents.

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

Decided February 25, 2010.


McCarthy, J.

Respondent Top of the World Utility Company, Inc.* (hereinafter respondent) is a corporation that provides sewer service to a townhouse complex in the Town of Queensbury, Warren County. The complex was approved to contain up to 170 residential units, but currently has 69 built units, a sports complex, golf course and restaurant. Petitioner Frederick J. Shellard owns one of the townhouses...

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