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TOWN OF RIVERHEAD v. COUNTY OF SUFFOLK

2009-01374.

66 A.D.3d 1004 (2009)

887 N.Y.S.2d 650

2009 NY Slip Op 7829

TOWN OF RIVERHEAD, Appellant, v. COUNTY OF SUFFOLK, Respondent.

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

Decided October 27, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, Town of Riverhead, commenced this action to permanently enjoin the defendant, County of Suffolk, from constructing and using a new fueling facility on property located inside the Indian Island County Park, which is situated in the Town. The new facility was intended to replace an older one, which also was located in the park. Among other things, as relevant here, the Town alleged...

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