Appellate Division of the Supreme Court of the State of New York March 21, 2001 (Citizens Against Retail Sprawl v. Giza)

OPINION OF THE COURT

Pigott, Jr., P. J.

On or about March 15, 1999, respondent NEC Transit William, LLC (NEC) submitted an application to respondent Town Board of the Town of Lancaster (Town Board) seeking to rezone approximately 36 acres of property located at the intersection of Transit Road and William Street in the Town of Lancaster (Town) from its previous designations as “commercial and