Legal Opinion

Matter of Frigault v. Town of Richfield Planning Board

Appellate Division of the Supreme Court of the State of New York

Decided May 21, 2015No. 518840PublishedCited by 6 opinions

1Opinion of the CourtDevine, J.

Appeal from a judgment of the Supreme Court (Cerio Jr., J.), entered January 23, 2014 in Madison County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul determinations of respondent Town of Richfield Planning Board granting a request by respondent Monticello Hills Wind, LLC for a special use permit.

As detailed in our prior decision in a related proceeding (Matter of Frigault v Town of Richfield Planning Bd., 107 AD3d 1347 [2013]), respondent Monticello Hills Wind, LLC (hereinafter the applicant) sought a special use permit in connection with the…

2Cases cited5 opinions

  1. North Shore Steak House, Inc. v. Board of Appeals of the Incorporated Village of ThomastonNew York Court of Appeals · 1972
  2. Retail Property Trust v. Board of Zoning AppealsNew York Court of Appeals · 2002
  3. Metro Enviro Transfer, LLC v. Village of Croton-on-HudsonNew York Court of Appeals · 2005
  4. Feinberg v. Board of Appeals of SanfordAppellate Division of the Supreme Court of the State of New York · 2003
  5. Steenrod v. City of OneontaAppellate Division of the Supreme Court of the State of New York · 2010

3Cited by6 opinions

  1. Matter of Troy Sand & Gravel Co., Inc. v. FlemingAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Biggs v. Eden Renewables LLCAppellate Division of the Supreme Court of the State of New York · 2020
  3. Blanchfield v. Town of HoosickAppellate Division of the Supreme Court of the State of New York · 2017
  4. Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand LakeAppellate Division of the Supreme Court of the State of New York · 2022
  5. Blanchfield v. Town of HoosickAppellate Division of the Supreme Court of the State of New York · 2017

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