MATTER OF UPSTATE LAND AND PROPERTIES, LLC v. TOWN OF BETHEL

508048.

74 A.D.3d 1450 (2010)

905 N.Y.S.2d 284

In the Matter of UPSTATE LAND AND PROPERTIES, LLC, Appellant, v. TOWN OF BETHEL et al., Respondents.

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

Decided June 3, 2010.


Peters, J.

Petitioner owns a large tract of vacant land consisting of two contiguous parcels within the Town of Bethel, Sullivan County, which fronts on two public roads known as Ballard Road and Pine Grove Road, as well as five smaller roads. Because the property is bisected by wetlands running north to south, the western portion is not accessible from an existing driveway on Ballard Road other than by foot. In anticipation of development of the property, but without...

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