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MATTER OF McGRAW v. TOWN BD. OF TOWN OF VILLENOVA

238 CA 19-01362.

186 A.D.3d 1014 (2020)

130 N.Y.S.3d 135

2020 NY Slip Op 04644

In the Matter of Michael McGraw et al., Respondents, v. Town Board of Town of Villenova et al., Appellants.

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

Decided August 20, 2020.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs and the petition is denied in its entirety.

Memorandum: Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to void an approval made by respondent Town Board of Town of Villenova (Town Board) of a local law and the grant of a special use permit to respondent Ball Hill Wind Energy, LLC (Ball Hill) to construct wind turbines up to 599...

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