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MATTER OF NICOLAI v. McLAUGHLIN

2016-11749. Index No. 2055/16.

163 A.D.3d 572 (2018)

81 N.Y.S.3d 89

2018 NY Slip Op 05046

In the Matter of Francis A. Nicolai, Respondent, v. Michael H. McLaughlin et al., Appellants.

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

Decided July 5, 2018.

Ordered that the judgment is affirmed, with costs.

The petitioner applied to the Planning Board of the Town of Mount Pleasant (hereinafter the Planning Board) for a wetland control permit and site plan approval. The petitioner sought to construct a one-family dwelling and ancillary improvements in an area where such construction is prohibited under the Town Code of the Town of Mount Pleasant (hereinafter the Town Code) absent the Planning Board's approval. The Planning...

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