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FINGER LAKES ASSN. v. TOWN BD.

2009-237

25 Misc.3d 1115 (2009)

887 N.Y.S.2d 499

FINGER LAKES PRESERVATION ASSOCIATION, Petitioner, v. TOWN BOARD OF THE TOWN OF ITALY et al., Respondents.

Supreme Court, Yates County.

October 8, 2009.

Attorney(s) appearing for the Case

Harter, Secrest & Emory, LLP (Edward F. Premo, II and Megan K. Dorritie of counsel), for Town of Italy, respondent.

Hodgson Russ, LLP (Lauren M. Monforte and Daniel A. Spitzer of counsel), and Young, Sommer, LLC (James A. Muscato, II and Douglas Ward of counsel), for Ecogen Wind, LLC, and another, respondents.

Gary A. Abraham for petitioner.

OPINION OF THE COURT

W. PATRICK FALVEY, J.

Petitioner, an unincorporated association comprised of some residents of the Town of Italy brings this CPLR article 78 proceeding, challenging the enactment of Local Law No. 3 (2009) of the Town of Italy, as replaced by Local Law No. 5 (2009) of the Town of Italy, which rezoned two areas in the southern portion of the Town as wind energy incentive zones (WEIZ). Respondents Town and wind developer Ecogen moved to...

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