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Stengel v. Town of Poughkeepsie Planning Board

Supreme Court, Dutchess County

June 16, 2017

Roy A. Stengel, MATIAS AGUIRRE, AMY L. AGUIRRE, PETER P. MACK, LINDA L. MACK and MARIE GREAVES, Petitioners,
v.
Town of Poughkeepsie Planning Board, ARLINGTON FARMS, INC., and MALABAR REALTY, LLC, Respondents.

          RICHARD J. OLSON, ESQ., McCABE & MACK, LLP, Attorneys for Petitioners

          JAMES P. HORAN, ESQ., STENGER, ROBERTS, DAVIS & DIAMOND, LLP, Attorneys for Respondents.

          ARLINGTON FARMS, INC. and MALABAR REALTY, INC., LISA M. COBB, ESQ., WALLACE & WALLACE, LLP, Attorneys for Respondent TOWN OF POUGHKEEPSIE PLANNING BOARD

          HON. JAMES D. PAGONES, A.J.S.C.

         Petitioners seek a judgment, pursuant to CPLR Article 78, nullifying and invalidating two determinations made by the respondent Town of Poughkeepsie Planning Board (hereinafter "Board"), specifically: (1) a determination made on or about December 18, 2015 granting conditional site plan approval to Respondent Malabar Realty, LLC (hereafter "Malabar") as amended by resolution dated July 21, 2016; and, (2) granting such other and further relief as to the Court may seem just and proper; and, (3) awarding the costs and disbursements of this proceeding.

         The following papers were read:

Amended Notice of Petition-Amended Verified Petition 1-6
Exhibits A-D
Verified Answer-Affidavit of Service 7-8
Verified Answer 9
Affirmation in Opposition-Affidavit of Service 10-11
Affirmation-Affidavit of Service 12-13
Reply Affirmation-Exhibits A-E-Affidavit of ...

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