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BUFFALO INC. v. CITY OF BUFFALO

Index No. 816904/2021.

74 Misc.3d 459 (2022)

162 N.Y.S.3d 653

2022 NY Slip Op 22008

In the Matter of THE CAMPAIGN FOR BUFFALO HISTORY ARCHITECTURE & CULTURE, INC., Petitioner, v. CITY OF BUFFALO et al., Respondents.

Supreme Court, Erie County.

Decided January 5, 2022.

Attorney(s) appearing for the Case

Lippes & Lippes (Richard J. Lippes of counsel) for petitioner.

Personius Melber LLP (Brian M. Melber of counsel) and Richard E. Stanton for ADM Milling Co., respondent.

Timothy Ball, Corporation Counsel (Robert Quinn and Rashied McDuffie of counsel), for City of Buffalo, respondent.

OPINION OF THE COURT

Previously, this court ruled that before it could reach a decision on whether petitioner was entitled to a preliminary injunction in this CPLR article 78 proceeding, a fact-finding hearing was necessary. This court concluded that the hearing would be "limited to the issue of how the City reached...

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