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TOWN OF FENTON v. TOWN OF CHENANGO

512494.

91 A.D.3d 1246 (2012)

937 N.Y.S.2d 677

2012 NY Slip Op 450

TOWN OF FENTON et al., Appellants, v. TOWN OF CHENANGO, Respondent. (Action No. 1.) In the Matter of TOWN OF CHENANGO, Respondent, v. TOWN OF FENTON PLANNING BOARD et al., Appellants. (Proceeding No. 1.) TOWN OF FENTON, Appellant, v. TOWN OF CHENANGO, Respondent. (Action No. 2.) In the Matter of the Acquisition of Real Property by the TOWN OF CHENANGO, Respondent. TOWN OF FENTON, Appellant, et al., Respondent. (Proceeding No. 2.)

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

Decided January 26, 2012.

LAHTINEN, J.

The Town of Fenton (hereinafter Fenton) and the Town of Chenango (hereinafter Chenango) have been involved in extensive litigation—two actions and two proceedings—arising primarily as a result of a change in the main channel of the Chenango River. That change in the river required a modification of the place in the river where effluent from Chenango's wastewater treatment plant was discharged...

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