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HBC VICTOR v. TOWN OF VICTOR

683 OP 22-00329.

212 A.D.3d 121 (2022)

181 N.Y.S.3d 796

2022 NY Slip Op 07313

In the Matter of HBC VICTOR LLC, Petitioner, v. TOWN OF VICTOR, Respondent.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

Phillips Lytle LLP, Buffalo ( Craig A. Leslie of counsel), for petitioner.

Harris Beach PLLC, Pittsford ( Kyle D. Gooch of counsel), for respondent.

NEMOYER, CURRAN, WINSLOW and BANNISTER, JJ., concur.

OPINION OF THE COURT

Petitioner commenced this original proceeding pursuant to EDPL 207 seeking to annul the determination of respondent, Town of Victor, authorizing the condemnation of certain real property owned by petitioner in Ontario County. The property in question is connected to an enclosed regional shopping center...

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