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MATTER OF BIRCH TREE PARTNERS, LLC v. TOWN OF EAST HAMPTON

2009-07910.

78 A.D.3d 693 (2010)

910 N.Y.S.2d 178

In the Matter of BIRCH TREE PARTNERS, LLC, Appellant, v. TOWN OF EAST HAMPTON et al., Respondents.

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

Decided November 3, 2010.

Ordered that the judgment is affirmed, with costs.

The petitioner commenced this proceeding to review a determination of the Architectural Review Board of the Town of East Hampton (hereinafter the ARB) dated December 22, 2008, which granted the application of Windsor Digital Studio, LLC, for approval of a fence to be constructed along the common side yard boundary line between its property and the petitioner's property....

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