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IN THE MATTER OF RSM WEST LAKE ROAD LLC

55 A.D.3d 1222 (2008)

865 N.Y.S.2d 172

In the Matter of RSM WEST LAKE ROAD LLC et al., Respondents, v. TOWN OF CANANDAIGUA ZONING BOARD OF APPEALS et al., Respondents, and AL KRAUS et al., Appellants.

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

October 3, 2008.

It is hereby ordered that the judgment so appealed from is affirmed without costs.

Memorandum:

Petitioners commenced this proceeding pursuant to CPLR article 78 seeking to annul the determination of respondent Town of Canandaigua Zoning Board of Appeals (ZBA) with respect to a proposed residential community to be built on two adjacent parcels, one of which borders Canandaigua Lake. Petitioner RSM West Lake Road LLC (RSM) contracted with petitioner German Brothers...

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