MATTER OF WEBSTER CITIZENS FOR APPROPRIATE LAND USE, INC. v. TOWN OF WEBSTER

853 CA 20-00771.

200 A.D.3d 1617 (2021)

159 N.Y.S.3d 598

2021 NY Slip Op 07370

In the Matter of Webster Citizens for Appropriate Land Use, Inc., Respondent, v. Town of Webster et al., Appellants, et al., Respondents/Defendants.

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

Decided December 23, 2021.


Attorney(s) appearing for the Case

CHARLES J. GENESE , TOWN ATTORNEY, WEBSTER, FOR RESPONDENTS-DEFENDANTS-APPELLANTS.

KNAUF SHAW LLP, ROCHESTER ( JONATHAN R. TANTILLO OF COUNSEL), FOR PETITIONER-PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Carni, Curran and DeJoseph, JJ.


It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the petition/complaint insofar as it sought to annul the "refusal" of respondent/defendant Town of Webster Zoning Board of Appeals to hear the appeal of petitioner/plaintiff, and vacating the second decretal paragraph, and as modified the judgment is affirmed without costs.

Memorandum: This appeal involves the proposed development of a hydroponic farming operation...

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