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Decided on October 18, 2010
Supreme Court, Rockland County

5194/2010
Bruce M. Levine, Esq. Attorney for Petitioner 9 Robin Hood Road Montebello, NY 10901 Rice & Amon Attorneys for Scenic 4 Executive Blvd., Suite 100 Suffern, NY 10901 Town of Ramapo 237 Route 59 Suffern, NY 10977 Linda S. Jamieson, J.
The following papers numbered 1 to 7 were read on the petition and cross-motions: PaperNumber [*2]
Notice of Petition, Petition and Exhibits [FN1]1 Notice of Cross-Motion, Affirmation and Exhibits2 Affidavit and Exhibits3 Memorandum of Law4 Notice of Cross-Motion, Affirmation and Exhibit5 Affidavit and Affirmation in Opposition and Exhibits6 Reply Memorandum of Law7
Petitioner seeks to annul certain determinations made by the Town Board of the Town of Ramapo which (1) adopted Resolution 2010-98 and issued a Written Findings Statement dated January 25, 2010 with respect to the Final Environmental Impact Statement relating to an application for a zone change submitted by Scenic Development, LLC ("Scenic") to change the zoning district from R-40 to MR-8 for the property situated on the south side of Route 202 and the west side of Route 306 in the Town of Ramapo ("Ramapo"), designated on the Tax Map as Section 32.11-1-2, Section 32.11-1-3, Section 32.11-1-4, Section 32.11-1-12, Section 32.11-1-13, Section 32.11-1-14, Section 32.11-1-15, Section 32.11-1-16 and Section 32.14-2-3; (2) adopted Resolution No. 2010-99 amending the Ramapo Comprehensive Plan, which amendment applies only to the properties owned by Scenic and shown on the Tax Map as Section 32.11-1-2, Section 32.11-1-3, Section 32.11-1-4, Section 32.11-1-12, Section 32.11-1-13, Section 32.11-1-14, Section 32.11-1

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