Taxpayers Opposed To Floodmart, Ltd. v. City of Hornell Industrial Development Agency

—Judgment insofar as appealed from unanimously reversed on the law with costs and petition granted in accordance with the following Memo*959randum: In December 1992 respondent City of Hornell (City) annexed an 80-acre parcel of property and rezoned that parcel B-2 General Business. Petitioner challenged the annexation and rezoning on several grounds. Supreme Court concluded that "a draft environmental impact statement was required before the City could annex the parcel” and annulled the annexation and rezoning. The City did not appeal from that order and judgment.

While that case was pending,…