MATTER OF ROSSI v. TOWN BOARD OF THE TOWN OF BALLSTON


49 A.D.3d 1138 (2008)

854 N.Y.S.2d 573

In the Matter of FRANK ROSSI et al., Appellants, v. TOWN BOARD OF THE TOWN OF BALLSTON et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided March 27, 2008.


Kavanagh, J.

This is the third legal proceeding commenced within the past four years that involves these parties and the proposed construction of a Wal-Mart Supercenter on property owned by petitioners within the Town of Ballston, Saratoga County. Petitioners have claimed throughout these proceedings that respondent Town Board of the Town of Ballston has used the enactment of local laws within this period as a pretext to bar the construction of this store within the...

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