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MATTER OF THORNE v. VILLAGE OF MILLBROOK PLANNING BOARD

2010-00767.

83 A.D.3d 723 (2011)

920 N.Y.S.2d 369

In the Matter of OAKLEIGH THORNE et al., Appellants, v. VILLAGE OF MILLBROOK PLANNING BOARD et al., Respondents. BRUCE S. BRICKMAN AND ASSOCIATES, INC., Nonparty Respondent.

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

Decided April 5, 2011.

Ordered that the judgment is affirmed, with costs.

This proceeding involves a plan to build 91 homes on a 27.6-acre site in the Village of Millbrook, formerly used as Bennett College. In 2005, to encourage development of the site, the Village created a new zoning district, the Bennett Campus District. The new district permitted two-acre single-family residential zoning as of right and provided for a special use permit for up to four dwelling units per acre, termed...

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