Mitchell Prevails in Article 78 Proceeding Against Municipality

Lia B. Mitchell and James R. Schultz successfully challenged a determination made by the Town of Clifton Park Planning Board, which denied an application for a special use permit by the DeMarco Stone Funeral Home to construct a funeral home in the Town’s Jonesville area. The Decision made by Supreme Court Justice Richard Sise on October 13, 2011 held that DeMarco Stone fulfilled every condition required of it and that the Planning Board’s determination to deny the application was without merit. The effect of theis Decision will enable DeMarco Stone Funeral Home to develop the first funeral home located within the borders of the Town of Clifton Park.