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MATTER OF WG WOODMERE, LLC v. NASSAU COUNTY PLANNING COMMN.

2021-06879. Index No. 605035/19.

230 A.D.3d 697 (2024)

218 N.Y.S.3d 627

2024 NY Slip Op 04269

In the Matter of WG Woodmere, LLC, et al., Appellants, v. Nassau County Planning Commission et al., Respondents.

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

Decided August 21, 2024.

Attorney(s) appearing for the Case

McLaughlin & Stern, LLP, Garden City, NY (Christian Browne of counsel), for appellants.

Thomas A. Adams, County Attorney, Mineola, NY (Robert F. Van der Waag, Samantha A. Goetz, and Ian Bergstrom of counsel), for respondents.

Connolly, J.P., Wooten, Ford and Ventura, JJ., concur.

In a hybrid proceeding pursuant to CPLR article 78 and action for a judgment declaring, inter alia, that a schedule of filing fees for subdivision applications imposed pursuant to Nassau County Ordinance No. 46-2009, as amended by Nassau County Ordinance No. 176-2015, is illegal and unenforceable, the petitioners/plaintiffs appeal from an order of the Supreme Court, Nassau County (Diccia T. Pineda-Kirwan, J.), entered September 15, 2021. The order denied the petitioners/plaintiffs...

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