Ogden Citizens for Responsible Land Use, Ltd. v. Planning Board of Town of Ogden

—Appeal unanimously dismissed without costs. Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking a judgment (1) annulling the determination of respondent Planning Board of the Town of Ogden (Planning Board) to grant preliminary approval to respondent Rochester Telephone Mobile Communications (RTMC) for a permit to construct a cellular communications tower (tower); (2) annulling the April 28, 1994 determination by the Planning Board that the proposed tower will not have a significant effect on the environment (negative declaration); and (3) prohibiting the Planning Board…