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BUFFALO INC. v. CITY OF BUFFALO

Index No. 816904/2021.

74 Misc.3d 459 (2022)

162 N.Y.S.3d 653

2022 NY Slip Op 22008

In the Matter of THE CAMPAIGN FOR BUFFALO HISTORY ARCHITECTURE & CULTURE, INC., Petitioner, v. CITY OF BUFFALO et al., Respondents.

Supreme Court, Erie County.

Decided January 5, 2022.

Attorney(s) appearing for the Case

Lippes & Lippes ( Richard J. Lippes of counsel) for petitioner.

Personius Melber LLP ( Brian M. Melber of counsel) and Richard E. Stanton for ADM Milling Co., respondent.

Timothy Ball , Corporation Counsel ( Robert Quinn and Rashied McDuffie of counsel), for City of Buffalo, respondent.

OPINION OF THE COURT

Previously, this court ruled that before it could reach a decision on whether petitioner was entitled to a preliminary injunction in this CPLR article 78 proceeding, a fact-finding hearing was necessary. This court concluded that the hearing would be "limited to the issue of how the City reached...

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