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Clear Skies Over Orangeville v. Town Board of Town of Orangeville

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 25, 2011

CLEAR SKIES OVER ORANGEVILLE,
PETITIONER-APPELLANT,
v.
TOWN BOARD OF TOWN OF ORANGEVILLE, SUSAN MAY, HANS BOXLER, JR.,
JAMES HERMAN, ANDREW FLINT, AND TOM SCHABLOSKI, IN THEIR CAPACITIES
AS TOWN BOARD MEMBERS, RESPONDENTS-RESPONDENTS, AND STONEY CREEK ENERGY LLC, INTERVENOR-RESPONDENT-RESPONDENT.

Appeal from a judgment of the Supreme Court, Wyoming County (Patrick H. NeMoyer, J.), entered April 21, 2010. The judgment dismissed the petition and complaint, insofar as it seeks relief pursuant to CPLR article 78, and declared that municipal respondents did not act unlawfully in enacting Local Law No. 2 of 2009.

Clear Skies Over Orangeville v Town Bd. of Town of Orangeville

Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on March 25, 2011

PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GREEN, JJ.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: March 25, 2011 Patricia L. Morgan Clerk of the Court

20110325

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