MATTER OF SHOP-RITE SUPERMARKETS, INC. v. PLANNING BOARD OF TOWN OF WAWARSING

509710.

82 A.D.3d 1384 (2011)

918 N.Y.S.2d 647

In the Matter of SHOP-RITE SUPERMARKETS, INC., et al., Appellants, et al., Petitioner, v. PLANNING BOARD OF THE TOWN OF WAWARSING et al., Respondents. (And Another Related Proceeding.)

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

Decided March 10, 2011.


PETERS, J.

In 2006, respondent Wal-Mart Real Estate Business Trust (hereinafter Wal-Mart) entered into negotiations with respondents Joseph Tso and Cecilia Tso Warner to purchase a 110,000-square-foot strip mall located along State Route 209 in the Town of Wawarsing, Ulster County for the purpose of constructing, among other things, a 132,000-square-foot superstore. In October 2008, Wal-Mart submitted site plan, subdivision and special use permit applications, along...

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