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

No. 20.

26 N.Y.3d 1129 (2016)

47 N.E.3d 71

26 N.Y.S.3d 743

2016 NY Slip Op 00999

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

Court of Appeals of New York.

Decided February 11, 2016.

Attorney(s) appearing for the Case

Burke, Miele & Golden, LLP, Goshen ( Richard B. Golden and Kelly M. Naughton of counsel), for appellants.

Dickover, Donnelly, Donovan, LLP, Goshen ( Michael H. Donnelly of counsel), for respondents.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur; Chief Judge DIFIORE and Judge GARCIA taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

An owner of real property can acquire a common-law vested right to develop the property in accordance with prior zoning regulations when, in reliance on a "legally issued permit," the landowner "effect[s] substantial changes and incur[s] substantial expenses to further the development" and "[t]he landowner...

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