Frigault v. Town of Richfield Planning Board

Cross appeals from a judgment of the Supreme Court (Cerio Jr., J.), entered August 16, 2012 in Madison County, which partially granted petitioners’ application, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, to, among other things, annul a determination of respondent Town of Richfield Planning Board granting a request by respondent Monticello Hills Wind, LLC for a special use permit.

In March 2011, respondent Monticello Hills Wind, LLC (hereinafter the applicant) applied to respondent Town of Richfield Planning Board for a special use permit in…