Legal Opinion

Capitol Real Estate, Inc. v. Town Board of Charlton

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 2005PublishedCited by 2 opinions

1Opinion of the CourtMugglin, J.

Cross appeals from a judgment of the Supreme Court (Nolan, Jr., J.), entered June 25, 2004 in Saratoga County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying petitioner’s application to extend a water district to petitioner’s property.

Petitioner proposed a three-phase real estate subdivision in the Town of Charlton, Saratoga County. As germane to this proceeding, petitioner received final approval for Phase I of the *859development from the Town of Charlton Planning Board in December 1993,…

2Cases cited10 opinions

  1. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  2. Church v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
  3. Shawangunk Conservancy, Inc. v. FinkAppellate Division of the Supreme Court of the State of New York · 2003
  4. Town of Lima v. HarperAppellate Division of the Supreme Court of the State of New York · 1977
  5. Svenningsen v. PassidomoNew York Court of Appeals · 1984

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3Cited by2 opinions

  1. Clubside, Inc. v. ValentinCourt of Appeals for the Second Circuit · 2006
  2. Inn at Hunter, Inc. v. Village of HunterAppellate Division of the Supreme Court of the State of New York · 2006

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