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IN RE: WKP (2026)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: WKP, LLC, OAKRIDGE MFR HOLDINGS, LLC, AND RDNW LLC, PETITIONERS-PLAINTIFFS-RESPONDENTS, v. TOWN OF LANCASTER, TOWN OF LANCASTER TOWN BOARD, RESPONDENTS-DEFENDANTS-APPELLANTS, ET AL., RESPONDENTS-DEFENDANTS. (APPEAL NO. 2.)

433

Decided: July 24, 2026

PRESENT: WHALEN, P.J., BANNISTER, GREENWOOD, NOWAK, AND HANNAH, JJ.

HODGSON RUSS LLP, BUFFALO (JEFFREY C. STRAVINO OF COUNSEL), FOR RESPONDENTS-DEFENDANTS-APPELLANTS. BLOCK, LONGO, LAMARCA & BRZEZINSKI, P.C., CLARENCE (MATTHEW T. DUBOIS OF COUNSEL), FOR PETITIONERS-PLAINTIFFS-RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that the amended order so appealed from is unanimously reversed on the law without costs and the ordering paragraphs are vacated.

Same memorandum as in Matter of WKP, LLC v Town of Lancaster ([appeal No. 1] — AD3d — [July 24, 2026] [4th Dept 2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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IN RE: WKP (2026)

Docket No: 433

Decided: July 24, 2026

Court: Supreme Court, Appellate Division, Fourth Department, New York.

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