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MATTER OF DUCHMANN v. TOWN OF HAMBURG

CA 11-00778.

2011 NY Slip Op 09709

IN THE MATTER PETER S. DUCHMANN AND DUKE DISTRIBUTING COMPANY, INC., DOING BUSINESS AS ADVANCED AUTO ELECTRONICS, PETITIONERS-APPELLANTS, v. TOWN OF HAMBURG, TOWN OF HAMBURG TOWN BOARD, TOWN OF HAMBURG BOARD OF ZONING APPEALS, KURT ALLEN, ENFORCEMENT OFFICER BUILDINGS INSPECTIONS AND CODE ENFORCEMENT, RESPONDENTS, LAMAR ADVERTISING OF PENN, LLC, TLC PROPERTIES, INC., LAMAR COMPANY, LLC, AND LAMAR TEXAS LIMITED PARTNERSHIP, RESPONDENTS-RESPONDENTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

HARTER SECREST & EMERY LLP, BUFFALO ( MARC A. ROMANOWSKI OF COUNSEL), FOR PETITIONERS-APPELLANTS.

JAECKLE FLEISCHMANN & MUGEL, LLP, BUFFALO ( HOWARD S. ROSENHOCH OF COUNSEL), FOR RESPONDENTS-RESPONDENTS.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioners appeal from a judgment in this CPLR article 78 proceeding that, inter alia, dismissed the petition against respondents Lamar Advertising of Penn, LLC, TLC Properties, Inc., Lamar Company, LLC and Lamar Texas Limited Partnership (collectively, Lamar respondents). In 2004, the Lamar respondents entered into a lease agreement with petitioners that allowed...

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