Miner v. Town of Duanesburg Planning Board

Appeal from a judgment of the Supreme Court (Kramer, J.), entered August 25, 2011 in Schenectady County, which, among other things, in a proceeding pursuant to CPLR article 78, granted a cross motion by respondents Long Oil Heat, Inc. and Marebo, LLC to dismiss the petition.

Respondent Long Oil Heat, Inc., doing business as Long Energy, sells and distributes propane gas to residential and *813business customers. To better serve its customers in the Schenectady County area, Long Energy sought to construct a propane storage facility featuring a 30,000 gallon tank on property located in the Town of…