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MATTER OF LAIDLAW ENERGY & ENVTL., INC. v. TOWN OF ELLICOTTVILLE

59 A.D.3d 1084 (2009)

873 N.Y.S.2d 814

In the Matter of LAIDLAW ENERGY AND ENVIRONMENTAL, INC., Appellant, v. TOWN OF ELLICOTTVILLE et al., Respondents.

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

Decided February 6, 2009.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to annul the determination of respondent Town of Ellicottville Planning Board (Board) denying its application for, inter alia, site plan approval for a cogeneration plant. Petitioner owns 16.5 acres of land in respondent Town of Ellicottville in an area zoned for "Light Industrial/Service Commercial...

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