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MATTER OF DAVIS v. TOWN BD. OF TOWN OF VILLENOVA

889 CA 21-00092.

200 A.D.3d 1634 (2021)

155 N.Y.S.3d 911

2021 NY Slip Op 07378

In the Matter of Evan Davis et al., Appellants, v. Town Board of Town of Villenova et al., Respondents.

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

Decided December 23, 2021.

Attorney(s) appearing for the Case

LIPPES & LIPPES, BUFFALO ( RICHARD J. LIPPES OF COUNSEL), FOR PETITIONERS-APPELLANTS.

THE KNOER GROUP, PLLC, BUFFALO ( COLIN M. KNOER OF COUNSEL), FOR RESPONDENT-RESPONDENT TOWN BOARD OF TOWN OF VILLENOVA.

HODGSON RUSS LLP, BUFFALO ( CHARLES W. MALCOMB OF COUNSEL), FOR RESPONDENT-RESPONDENT BALL HILL WIND ENERGY, LLC.

NIXON PEABODY LLP, BUFFALO ( LAURIE STYKA BLOOM OF COUNSEL), FOR RESPONDENT-RESPONDENT RENEWABLE ENERGY SYSTEMS AMERICAS.

Present—Whalen, P.J., Centra, NeMoyer, Troutman and Winslow, JJ.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioners commenced this CPLR article 78 proceeding (2019 proceeding) seeking, inter alia, to void an approval made by respondent Town Board of Town of Villenova (Town Board) of local laws and the grant of a special use permit to respondent Ball Hill Wind Energy, LLC (Ball Hill) to construct wind turbines up to 599 feet in height in the Town of Villenova. Most of the same petitioners...

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