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MATTER OF EXETER BLDG. CORP. v. TOWN OF NEWBURGH

2012-00615

114 A.D.3d 774 (2014)

980 N.Y.S.2d 154

2014 NY Slip Op 996

In the Matter of EXETER BUILDING CORP. et al., Respondents, v. TOWN OF NEWBURGH et al., Appellants.

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

Decided February 13, 2014.

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town of Newburgh Zoning Board of Appeals dated November 24, 2009, made after a hearing, that Exeter Building Corp. and 17K Newburgh, LLC, have no vested right to develop certain real property under the R-3 zoning regulations in effect prior to March 6, 2006, and action for a judgment declaring that Exeter Building Corp. and 17K Newburgh, LLC, have a vested right to develop the...

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