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MATTER OF EAST END PROPERTY COMPANY v. BROOKHAVEN

56 A.D.3d 773 (2008)

In the Matter of EAST END PROPERTY COMPANY #1, LLC, et al., Respondents-Appellants, v. TOWN BOARD OF TOWN OF BROOKHAVEN et al., Appellants-Respondents, and LONG ISLAND POWER AUTHORITY, Respondent.

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

November 25, 2008.

Ordered that the order and judgment is modified, on the law, by deleting the provision thereof granting those branches of the petition which were to annul the determinations dated July 25, 2006, on the grounds asserted in the fifth and sixth causes of action and to permanently enjoin the Town Board of Town of Brookhaven and Town of Brookhaven from approving the construction of the generator pursuant to the sixth cause of action...

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