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CLOVER/ALLEN'S CR. v. M&F LLC

Index Nos. E2018000937, E2018002894, E2018002961, E2018007330, E201807331, E2021000033, E2021000039.

79 Misc.3d 318 (2023)

189 N.Y.S.3d 850

2023 NY Slip Op 23067

CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION, LLC, Petitioner/Plaintiff, and SAVE MONROE AVE., INC., et al., Petitioners/Plaintiffs/Intervenors, v. M&F, LLC, et al., Respondents/Defendants. SAVE MONROE AVE., INC., et al., Petitioners/Plaintiffs, v. TOWN OF BRIGHTON, NEW YORK, et al., Respondents/Defendants. BRIGHTON GRASSROOTS, LLC, Petitioner/Plaintiff, v. TOWN OF BRIGHTON et al., Respondents/Defendants. BRIGHTON GRASSROOTS, LLC, Petitioner/Plaintiff, v. TOWN OF BRIGHTON PLANNING BOARD et al., Respondents/Defendants. SAVE MONROE AVE., INC., et al., Petitioners/Plaintiffs, v. TOWN OF BRIGHTON PLANNING BOARD et al., Respondents/Defendants, and CLOVER/ALLEN'S CREEK NEIGHBORHOOD ASSOCIATION, LLC, Respondent/Defendant/Intervenor. SAVE MONROE AVE., INC., et al., Petitioners, v. TOWN OF BRIGHTON, NEW YORK OFFICE OF THE BUILDING INSPECTOR, et al., Respondents. BRIGHTON GRASSROOTS, LLC, Petitioner/Plaintiff, v. TOWN OF BRIGHTON ZONING BOARD OF APPEALS et al., Respondents/Defendants.

Supreme Court, Monroe County.

Decided March 8, 2023.

Attorney(s) appearing for the Case

Laurie Styka Bloom and Robert Burgdorf for Clover/Allen's Creek Neighborhood Association, LLC, petitioner/plaintiff in the first above-entitled action and respondent/defendant/intervenor in the fifth above-entitled action.

Charles Malcomb , Aaron Saykin and Joel Terragnoli for Save Monroe Ave., Inc., petitioner/plaintiff/intervenor in the first above-entitled action and petitioner/plaintiff in the second, fifth and sixth above-entitled actions.

Mindy Zoghlin and Jacob Zoghlin for Brighton Grassroots, LLC, petitioner/plaintiff in the third, fourth and seventh above-entitled actions.

John Mancuso , Lauren Baron , Shannon O'Connor and Kenneth Gordon for Town of Brighton and others, respondents/defendants in the first, second, third, fourth, fifth, sixth and seventh above-entitled actions.

Warren Rosenbaum , John Nutter , Erin Elmouji , David Rothenberg and Michael Rothenberg for M&F, LLC and others, respondents/defendants in the first, second, third, fourth, fifth, sixth and seventh above-entitled actions.

Laura Myers for Rochester Gas and Electric, respondent/defendant in the first, second, third, fourth and fifth above-entitled actions.

OPINION OF THE COURT

Based upon very careful consideration of: the credible trial testimony; the trial exhibits; and the written closing statements, this court hereby makes the following verdict in respondents/defendants' favors denying the public trust doctrine and permissive referendum claims and any accompanying...

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