Exeter Building Corp. v. Town of Newburgh

In a hybrid proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Town of Newburgh Zoning Board of Appeals dated November 24, 2009, made after a hearing, that Exeter Building Corp. and 17K Newburgh, LLC, have no vested right to develop certain real property under the R-3 zoning regulations in effect prior to March 6, 2006, and action for a judgment declaring that Exeter Building Corp. and 17K Newburgh, LLC, have a vested right to develop the real property in accordance with those prior zoning regulations, the appeal is from so much of an order and judgment (one…