Upstate Land v. Town of Bethel
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtPeters, J.
Appeal from a judgment of the Supreme Court (Meddaugh, J.), entered June 1, 2009 in Sullivan County, which, in a combined proceeding pursuant to CPLR article 78 and action for a declaratory judgment, granted respondents’ motion to dismiss the first and fifth causes of action of the petition/complaint.
Petitioner owns a large tract of vacant land consisting of two contiguous parcels within the Town of Bethel, Sullivan County, which fronts on two public roads known as Ballard Road and Pine Grove Road, as well as five smaller roads. Because the property is bisected by wetlands running north to…
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