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CASINO FREE TYRE v. TOWN BD.

49749

51 Misc.3d 665 (2016)

27 N.Y.S.3d 350

2016 NY Slip Op 26031

CASINO FREE TYRE, by its President James Dawley, III, et al., Petitioners, v. TOWN BOARD OF TOWN OF TYRE et al., Respondents.

Supreme Court, Seneca County.

Decided January 29, 2016.

Attorney(s) appearing for the Case

MacKenzie Hughes, LLP ( Arthur W. Wentlandt of counsel) and Williams & Connolly LLP ( Daniel F. Katz of counsel) for petitioners.

Bond Schoeneck & King ( Thomas Smith of counsel) and Sive Paget & Riesel, P.C. ( Mark A. Chertok of counsel) for Town of Tyre, respondent.

Harris Beach, PLLC ( Philip G. Spellane of counsel) and Knauf Shaw, LLP ( Alan J. Knauf of counsel) for Lago Resort & Casino, LLC and others, respondents.

OPINION OF THE COURT

The petitioners, pursuant to CPLR article 78, petition the court for an order adjudging and decreeing that the Town Board of the Town of Tyre's negative declaration of October 1, 2015 be annulled and vacated and that all other resolutions, agreements or other actions based on or resulting from...

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