Penfield Panorama Area Community, Inc. v. Town of Penfield Planning Board
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*344OPINION OF THE COURT
Denman, P. J.
Respondent Chrisanntha, Inc. (Chrisanntha) appeals and petitioner cross-appeals from a judgment (denominated order and judgment) of Supreme Court that annulled a determination by respondent Town of Penfield Planning Board (Planning Board) approving a cluster subdivision. The court held that the cluster subdivision violated height requirements of the Town of Penfield Zoning Ordinance (Zoning Ordinance); the court, however, dismissed the remaining causes of action. We conclude that the court properly annulled the Planning Board’s determination approving the…
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