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MATTER OF EASTERN OAKS DEVELOPMENT, LLC v. TOWN OF CLINTON

2009-03417

76 A.D.3d 676 (2010)

906 N.Y.S.2d 611

In the Matter of EASTERN OAKS DEVELOPMENT, LLC, Respondent, v. TOWN OF CLINTON et al., Appellants.

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

Decided August 24, 2010.

Ordered that the order is affirmed, with costs.

In 2005 the petitioner, Eastern Oaks Development, LLC (hereinafter Eastern), applied to the Town of Clinton Planning Board (hereinafter the Planning Board) for approval of a residential subdivision (hereinafter the Subdivision), which was to contain 11 lots. According to Eastern, it was "made clear" that Eastern did not intend to construct any homes on the lots, but that the purchasers of the lots would build their own...

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