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Legal Opinion

Nearpass v. Seneca County Industrial Development Agency

New York Supreme Court

Decided April 29, 2016Published

1Opinion of the Court

OPINION OF THE COURT

W. Patrick Falvey, J.

Petitioners have commenced this CPLR article 78 proceeding to challenge action taken by respondent Seneca County Industrial Development Agency (IDA) to provide the other respondents (Lago) tax benefits for the casino Lago is building in Seneca County. The respondents move to dismiss the petition, asserting petitioners do not have standing to sue regarding the first through sixth causes of action. Respondents move *536to dismiss the seventh/last cause of action due to collateral estoppel and/or because there is another action pending between the same…

2Cases cited18 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Saratoga County Chamber of Commerce, Inc. v. PatakiNew York Court of Appeals · 2003
  3. Dairylea Cooperative, Inc. v. WalkleyNew York Court of Appeals · 1975
  4. Boryszewski v. BrydgesNew York Court of Appeals · 1975
  5. New York State Ass'n of Nurse Anesthetists v. NovelloNew York Court of Appeals · 2004

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