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Video: Lor-Rob Farms wins again at fair in six-horse draft competition

By Howard B. Owens
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Mark Barie and his team from Lor-Rob Farms in East Bethany were repeat winners at the Genesee County Fair yesterday in the six-horse draft competition.

VIdeo: Genesee County Fair Karaoke Contest 2019

By Howard B. Owens
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Dog missing in Darien Center

By Howard B. Owens

Mike and Kayleigh Meyers recently moved to Darien Center so their husky, Kiya ("Ki-ya"), is unfamiliar with the area.

Tonight, about 8 o'clock, Kiya managed to get out of the house.

Kayleigh said she and Mike were inside feeding their baby and the door must have been open a crack.

"Most likely, she went after an animal," Kayleigh said.

Kiya is friendly and food motivated so if you see her, try calling her by her name and bribing her with food, Kayleigh recommends.

The Meyers live in the area of Country Cottage and My Saloon, around Harper Road and Route 20.  

If found, call or text Kayleigh at (585) 813-4385.

UPDATE Sunday: Kiya came home on her own early this morning.

Video: Sights and sounds of the Oatka Festival Parade

By Howard B. Owens
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Area residents hold vigil for children held in immigration detention centers

By Howard B. Owens

Press release:

A day after a “Close the Camps” coalition shut down traffic in Downtown Buffalo, vigils for those held in detention camps were held in several locations across Western New York.

More than 100 citizens gathered in Batavia for a peaceful rally and vigil Friday evening near the Buffalo Federal Detention Facility and U.S. Immigration and Customs Enforcement to protest the inhumane treatment of children in migrant detention centers at the Southern border.

Organized by a team of concerned women, this event was part of a nationwide movement, Lights for Liberty: A Vigil to End Human Detention Camps. This movement has partnered with more than 150 international, national, regional and local communities and organizations, including religious groups, refugee relief services, and immigration activists.

The event included a rally with several speakers and a performance by the Rochester Raging Grannies, followed by a vigil. Rev. Jim Renfew, who spoke at the rally, commented, “Eugene Debs once said, ‘While there is a soul in prison, I am not free.’ This quote underscores the horror of child incarceration at the present time and is why I am here. It is wrong, very wrong, and even wronger than we can imagine given some of the reporting from inside of these facilities.”

Co-organizer Nikki Calhoun said, “I refuse to be desensitized to the suffering of others because they may not look like me. To do so, especially with children, opens the door for worse atrocities. This is why myself and thousands of those with a conscience across the country are taking a stand.”

Monica Elderkin traveled from Cheektowaga to the vigil in Batavia, and said, “I thought it was important to attend a vigil at an ICE facility where there are actually immigrants being held to send a message that the mistreatment of children or any of those being detained is not OK.”

While there are no children immigrants held at the Batavia facility and conditions there are known to be reasonable in comparison to facilities at the border, organizers believed holding the vigil at this location would be more effective symbolically.

More than 500 Lights for Liberty vigils were held across the United States on Friday including local events in Buffalo, Williamsville and Rochester, as well as international ones in Germany, Canada, and as far away as Japan and Senegal.

Photo: By Rachel Doktor. Doktor said when the vigil was almost over a group from the vigil lined against the gates beyond where security personnel were standing. She wrote, "We sang songs of peace, love and caring for the children of the world. A small group of people approached the gates after a while, standing close. Everyone got a little tense and watched them, but didn't stop singing. The stand off began, and they stayed until everyone else that attended was gone. They were the closest group to the gates in front of immigration."

Video: Alexander FD Tractor Pull

By Howard B. Owens
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Here's some of the action from the Alexander FD Tractor Pull last night. The pulls resume at 7 p.m.

Video: Preview of the 2019 Genesee County Fair

By Howard B. Owens
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The Genesee County Fair for 2019 is open.

Friday was preview night, a kind of soft open. 

Car vs. pole accident reported on North Road, Le Roy

By Howard B. Owens

A car has reportedly hit a pole in the area of 8673 North Road, Le Roy.

Wires are down in the area.

There are possible minor injuries.

Le Roy fire dispatched.

UPDATE 12:57 a.m.: Fire police requested to shut down traffic at North Road and Hebbard Road. 

Three cases in County Court on Friday deal with stenographer errors

By Howard B. Owens

It's been a tough year for stenography in the Genesee County Court and today three cases came before Judge Charles Zambito dealing with stenography issues.

Two stemmed from a previously reported stenographer's mistake while transcribing grand jury proceedings -- that stenographer inappropriately taped the proceedings.

Another defendant appeared before Zambito today because an appeals court overturned his conviction on a burglary charge because a part of the transcription of his jury trial was not preserved for review.

In the People vs. Victor J. Grimes, Grimes was convicted at a jury trial in August 2016 and subsequently sentenced to seven years in prison.

He's served 44 months of that sentence. 

Last week, a state appeals court ordered a new trial -- even while finding evidence was sufficient for conviction -- because a stenographer's error on the final day of the trial meant relevant notes in the case were not preserved. Since the court then didn't have the final day's transcription, the court couldn't review the proceedings to ensure the trial court complied with specific procedures. 

In the trial, Grimes was represented by retained counsel. He's now represented by Lisa Kroemer of the Public Defender's Office. Kroemer asked for time to review the case and speak with District Attorney Lawrence Friedman before a new date for the trial is set. 

Judge Zambito ordered Grimes held on $25,000 bail or $50,000 bond pending his possible trial.

The other two stenographer-related cases heard today were People vs. Antwan Odom and People vs. Richard Hanes.

Odom is accused of knifing Ray Leach. Hanes is charged with murder in the beating death of Ray Morgan. 

Friedman asked the cases be placed on the docket because he wanted to get on record what the defense attorneys intend to do regarding the mistaken recording by the stenographer of grand jury proceedings in those cases.

The attorneys for Odom and Hanes took decidedly different approaches.

Odom is represented by Buffalo attorney Frank Housh. Housh with his own unique sartorial style at every court appearance, walked into court today in seersucker slacks and robin's-egg blue sports jacket. And when pressed about how he intended to proceed, raised his prior complaint that Friedman is conducting a dual prosecution, one against his client and one against him.

In May, Housh made statements to local media that Friedman considered a violation of professional standards and risked tainting the jury pool. Friedman asked for a gag order and Zambito issued a temporary gag order but lifted it last week, citing an objection on free press grounds by "the media" (in this case, The Batavian). 

Zambito did rule against Housh's motion to have Friedman removed from the case because of this alleged "dual prosecution."

Besides the request for a gag order, Housh said Friedman has also filed a grievance complaint with the state bar against Housh. 

Housh contends -- without presenting proof -- that everything Housh says or does in the case is forwarded by Friedman to the state bar.

For that reason, Housh said he has not made the trip to the District Attorney's Office to review the case file on the stenography issue because, he said, he would need to bring his attorney with him.

Housh has repeatedly threatened to withdraw from the case because of this "dual prosecution" but so far has not withdrawn.

Today he asked Zambito for a summary judgment dismissing the case against Odom because, he said, in a prior answering brief, Friedman stated the grand jury process was legally constituted when in fact Friedman, he said, new about the inappropriate recording of the proceedings.

After more discussion, Zambito agreed to meet with the attorneys in his chambers for an on-the-record but closed-door discussion about the issue.

Out of that meeting, it was agreed, as stated in court later, that Housh would file a motion and there would be a hearing Aug. 5 (instead of the trial starting on that day) on the defense motion.

In contrast to the approach of Housh, Fred Rarick, representing Hanes, was willing to stipulate in court that prior hearings on this topic -- including one in the Jennifer Serrano case -- established the facts of the incident and those same facts could be entered into the Hanes case and Zambito could issue a ruling based on the facts and evidence already presented.

On previous cases, including Serrano, Zambito ruled that stenography issue did not invalidate the grand jury proceedings.

Outside of court, Rarick said he saw no point in going through another hearing where the same facts and evidence would be presented that are already on the record knowing that Zambito is unlikely to rule any differently than he has previously.

By getting the prior hearings submitted as evidence in the Hanes case, without objection from Friedman, he has preserved any possible appeal over the issue for his client should Hanes be convicted at jury trial.

Woman who handed gun to teen in Central Avenue incident given agreed-upon two-year prison term

By Howard B. Owens
Jennifer K. Urvizu-  Hanlon

A local former businesswoman who admitted to giving a loaded firearm to a 17-year-old boy, who then shot and wounded a man who had just stabbed and killed another man on Central Avenue on May 17, 2018, told Judge Charles Zambito today that she's not a threat to the community. 

Jennifer K. Urvizu-Hanlon, 48, mentioned the letters Zambito had received supportering her, her involvement in her church, her steady employment and her lack of criminal record.

Zambito saw something else.

"I do think you are minimizing what happened," Zambito said. "You're minimizing your involvement. Samuel Blackshear would not be in prison and Nathanial Wilson would not have been shot had you not handed your loaded firearm to a 17-year-old boy. That young man is in prison now because of you. And after that happened, after a man was killed and another wounded, you went home.

"I do consider you a risk to the community but under the circumstances, I'm prepared to accept the plea offer and go along with the sentence. You're being treated entirely fairly here. I don't think it's right for you to even suggest otherwise."

Urvizu-Hanlon, the former owner of a small Mexican grocery store on West Main Street in Batavia, accepted a plea deal in May that capped her prison term to two years on an attempted criminal possession of a weapon conviction.

More than a dozen people in the gallery, friends, and family, were there, it appeared, to support Urvizu-Hanlon, which Zambito also acknowledged.

Zambito said he seriously considered rejecting the plea arrangement because she should perhaps get at least three and a half years in prison, which is the term Blackshear received.

"You got a significant break here," Zambito said. "Perhaps that is because of your minimal involvement in the incident and your clean record."

On Thursday evening in May, Nathaniel Wilson stabbed and killed Terry Toote at Central and Pringle. As the stabbing was taking place, Urvizu-Hanlon arrived in her car and Blackshear approached the car and she gave her handgun, which she was licensed to carry, to Blackshear, who immediately fired at Wilson, hitting him in the leg.

Blackshear's attorney argued at his sentencing that he was acting to protect himself and others from a killer. Zambito rejected that contention, accusing Blackshear of exercising "street justice" before denying him youthful offender status and sending him to prison.

That defense isn't available to Urvizu-Hanlon under the current statute for attempted criminal possession of a weapon but her attorney, Christian Kenndey, said the Legislature is considering a change, and that it could be said Urvizu-Hanlon was justified in giving Blackshear the gun so he could protect others from a killer.

Wilson was later sentenced to 25-years-to-life in prison for the murder of Toote.

As in the Blackshear case, Zambito said he was fully aware of the May 17 incident. He had seen all the video recordings, read the witness statements, and felt he had a complete picture of what happened that evening.

He said there was nothing spontaneous about events on Central Avenue as the incident went down. The confrontation, the expectation of violence, was all premeditated.

"You knew what was going to happen," Zambito said. "I don't think you thought Terry Toote was going to get murdered but you went there under the impression there was going to be confrontation and you were ready to take action."

Once the sentence was pronounced and the paperwork complete, a deputy stepped behind Urvizu-Hanlon -- dressed in a gray blouse covered by a black windbreaker, a long skirt, and flip-flops -- and asked her to place her hands behind her back. For a moment, the only sound in the courtroom was the metallic zip of the cuffs closing around her wrists. As she was led away, somebody at the back of the room yelled, "Love you, Jen."

Arby's robber gets little sympathy from judge, given 10 years in prison

By Howard B. Owens
    Michael J. Piasta

Before sending him to prison for 10 years, Judge Charles Zambito reminded Michael J. Piasta Jr., that in 2010 he promised Judge Robert Noonan that he was going to straighten out his life and that he would never appear in County Court again.

Piasta was out of prison barely two years before he robbed, at fake gunpoint, the Arby's, taking from $6,000 to $10,000 on March 25, 2018.

"I'm going to give you a very long time to think about what you did," Zambito said.

The 10-year sentence, followed by 10 years on parole, was on Piasta's jury-trial conviction for robbery in the second degree. On his convictions for grand larceny and criminal possession of a weapon, Zambito gave him three and a half to seven years on each count, to be served concurrently with the robbery sentence.

In 2010, Noonan heard from Piasta's attorney at the time, William Teford, about Piasta's hard life -- a father who died of an overdose, a mother with a drug problem, domestic abuse, a learning disability, and the lack of a meaningful childhood.

Piasta acknowledged his wrongdoing and told Noonan, "At this point, I just want to say I don’t feel that I’m hopeless," Piasta said. "Regardless of what happens today, I think I can make things better."

Piasta already had a lengthy criminal record when Noonan sent him to prison in 2010.

Today, attorney Brian Degnan also reminded Zambito of Piasta's troubled past. 

"Mr. Piasta, with his upbringing, with his adult life, he's certainly been dealt a very bad hand here," Degnan said.

He acknowledged a prison term was inevitable but asked Zambito to consider Piasta's circumstances and expressed hope that Piasta could get the help he needs while in prison.

Piasta's own statement was short, asking Zambito to take into consideration Degnan's arguments on his behalf.

While Piasta was convicted by a unanimous verdict of a jury, Piasta, Degnan noted, has continued to maintain his innocence.  

Zambito agreed to hold a hearing on the issue of restitution. Degnan contends that there was contradictory testimony at the trial, with a contention that $5,000 was stolen from Arby's, and a claim of $10,000 stolen. Arby's has filed a claim for $6,000.

GCASA shifts focus to former Bohn's Restaurant for sober place for fun and socializing

By Howard B. Owens

After encountering community resistance for a planned recreation center for people in drug and alcohol recovery on South Swan Street in Batavia, GCASA has turned its attention to a former restaurant location on Clinton Street Road in the Town of Batavia.

And the Town officials have been more than encouraging and supportive, said John Bennett, executive director of GCASA, following a County Planning Board meeting Thursday evening where the board recommended approval of a special use permit for 5258 Clinton Street Road -- site of the former Bohn's Restaurant.

GCASA is in the process of acquiring the property.

Bennett said the community center will have a community garden, a basketball court, TVs for viewing sports, a pool table, space for other recreational activities. And, of course, since there's no place for a tavern in a building dedicated to recovery, the former bar area is likely to become a coffee and sandwich shop.

"We went into Rochester and went to this place called out Coffee Connections and it's a roasting business, a coffee-roasting business, run by recovering women," Bennett said. They run two coffeehouses and they serve lunches and breakfasts and we were kind of scoping that out, seeing how they did that. We're seeing if we can partner with somebody who might want to run a small little coffee shop."

People in recovery want to lead normal lives -- watch big sporting events together, play pool, eat some wings and pizza, socialize, but in an environment without drugs or alcohol, Bennett said.

"This is the new norm in urban areas," Bennett said. "It's what they call sober bars. And that's exactly what they are. They actually have mixology stuff but it's all alcohol-free and it's very much like going to any other bar that you would go to where they're having either karaoke or live music or dancing or whatever it is. I think just people in recovery are looking to be normal without having to worry about drugs and alcohol."

The most notable downside of opening up a social center for people in recovery on the outskirts of the City is that it won't be in walking distance for most people, like the originally proposed South Swan location. The upside is the square footage of the Clinton Street Road property is twice as much as the South Swan location. 

The asking price for the property, being sold by Mike Bohn after buying back the property in a foreclosure auction, is $250,000. Bennett said he can't disclose the actual sale price since the deal hasn't closed yet and the price is still being negotiated.

A presale building inspection was completed two days ago.

Much of the floor plan of the former restaurant will remain the same, Bennett said, but the interior, which probably hasn't been updated since the 1970s or early '80s, will be modernized.

There is also some equipment, furnishing, games and TVs to buy.

Bennett said GCASA has a modest $75,000 budget for the upgrades.

The property will be open to the community -- if there is a coffee shop, that will be open to everybody. If a community member isn't in recovery but wants to host an event -- say a birthday party -- for a friend or relative who is in recovery -- or isn't but perhaps should be -- the facility will be available for those reservations as well.

And there will be events for people in recovery, whether it be an open mic night or for big sporting events.

"Let's just say we're going to do a March Madness night or a week of March Madness basketball and we're gonna show games -- it's just a sober place to come down and watch basketball," Bennett said. "We'll have a little sports area and you can watch the Super Bowl or watch the World Series, things like that."

Bennett is a little exasperated by the community outcry over the proposed South Swan location but he said he understands it.

"It's really too bad that the South Side saw this as something that would threaten the community instead of benefit it because if you check out ROCovery in Rochester," Bennett said, " ... there's a whole thing around fitness and recovery. I went up and I met with them and they were amazing people and the community now has just enveloped them.

"Their community gardens are open to everybody in the community. Everybody gets to come down and pick some tomatoes or some peppers or lettuce or whatever they need. And everybody is also allowed to use the recovery center.

"So so I think that's where we want to head to. We want to say, 'hey this is open to you, too. You just have to be willing to be drug-free while you're here.'

"I think they were shortsighted but I understand that people have fears and the work we do is stigmatized."

Video: Mama Chavez Taqueria opens in Le Roy

By Howard B. Owens
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Mama Chavez Taqueria opens today in Le Roy. Owner Maria Chavez and her sons held a ribbon-cutting and an open house for invited guests yesterday. This is an authentic -- very authentic -- Mexican restaurant.  

Chavez has been cooking Mexican food, using recipes handed down through her family, for her children and family friends for 30 years. It's always been her dream to open a restaurant.  

The restaurant is located at 7 Mill St. and is open Tuesday through Saturday.

The Batavian Sessions: Michael DiSanto performs Simple Things

By Howard B. Owens
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Michael DiSanto performs Simple Things on the third floor of the historic Newberry Building/Eli Fish Brewing Co., Downtown Batavia, NY.

First-place Batavia Muckdogs take second straight from top team in the New York-Penn League

By Howard B. Owens

Press release:

You never know who will step up for the Batavia Muckdogs during any given game. It's the main reason the team is 17-9, sitting in first place in the Pinckney Division.

Thursday night, it was Jack Strunc's turn, as the shortstop went 3-for-4 with two doubles to lead Batavia to a 5-2 win over the Lowell Spinners.

Lowell is now 17-8 and Friday night's game in Batavia will determine who has the best overall record in the New York-Penn League.

"They have the best record coming in here but I think we show we can play with anyone," Strunc said. "It doesn't matter, we are confident no matter what division or who is at the top, these guys show up every single day, pitching and hitting."

Strunc, who was drafted this year in the 25th round of the draft by the Miami Marlins, scored twice and drove in two runs to increase his average to .333 with the three-hit game.

"I'm trying to see the ball as long as possible, I'm not trying to do too much," Strunc said. "I'm seeing a few more pitches than normal and I think that's helping."

Albert Guaimaro made three outstanding catches in right field including two running grabs near the fence to go with his RBI single at the plate. His defense kept runners from scoring in three innings.

Sean Reynolds, who is hitting .571 in his return to Batavia this week had a double and scored, Brayan Hernandez went 2-for-3 with a double and an RBI and Andrew Turner had an RBI single.

Pitching was strong again as Dakota Bennett picks up the win throwing five innings of shutout ball with three strikeouts and Geremy Galindez notched his second save, throwing a scoreless ninth with a strikeout. Easton Lucas started, striking out two in two innings and one of the new Muckdogs, Brock Love, threw one scoreless inning with a strikeout. Love is a 34th-round pick the Marlins from the 2019 draft and played at University of Alabama.

Coming up: Friday is Crafty Hour where the large selection of craft beers are just $3. There will be other specials and events during the 7:05 p.m. game.

Tickets for these games and others are available at the Dwyer Stadium box office between 10 a.m. and 5 p.m. Monday to Friday, online at muckdogs.com or by calling 585-483-3647.

Photos by Jim Burns.

Batavia PD looking for people who may have information about damage to mall skylights

By Howard B. Owens

Press release:

The Batavia Police Department is investigating damage to the City Center, which occurred between 06/29/2019 and 07/01/2019. The suspects did not gain entry to the building but did damage the skylights in the mall concourse, after getting onto the roof.

The attached photos are individuals who may have information in regards to the investigation.

Anyone with information in reference to the case or who can identify the persons in the photos may contact Detective Eric Hill at 585-345-6373 or the Batavia Police Department at 585-345-6350, the confidential tip line at 585-345-6370.

$2K reward offered for arrest and conviction of Route 98 kitten killer

By Howard B. Owens

Pledges from Volunteers for Animals and animal lovers in the community have led to at least a $2,000 reward being offered for the arrest and conviction of the person responsible for tossing an eight-week-old kitten from the window of a red car on Route 98 near West Saile Drive on Saturday night.

The kitten had to be euthanized because of its extensive injuries. 

The Sheriff's Office announced the award this evening.

Anyone with information about the incident is asked to call the Sheriff's Office at (585) 343-5000.

Economic development leaders call on governor to help get funding approval or Ellicott Station

By Howard B. Owens

Open Letter:

In Batavia, we are proud to call ourselves New Yorkers.  Our residents’ band together in shared experiences and pride for our City and the great state of New York. Our city, the crossroads of Western New York, rose as thousands traveled through our downtown and neighborhoods toward destinations of employment and prosperity.  Many found Batavia and stayed to create an amazing life for their families.

Imagine the energy that 1,300 workers at Massey Harris generated as they built modern tractors and equipment from a 1 million Sq. Ft. of manufacturing operation in the heart of the City.  Batavia hummed with production and vibrancy, good wages, and happy families.  Their hard work and sweat allowed rural families across the world to give their children opportunities beyond back-breaking labor, and the food that fed millions.

Finishing their shifts, workers congregated downtown supporting merchants, professionals, and even a cluster of breweries that welcomed their neighbors.  The smell of freshly baked breads, the sight of produce and meat hanging in the window, the sound of the train rolling through, and the excitement of a vibrant downtown permeated the senses.

That era fell away with Urban Renewal and an economic decline that lasted decades.  Children walking to school saw vacant sites decaying and open lots.  The blight of hollowed, crumbling brownfields like Ellicott Station cannot support their ambitions, does not give them sense of purpose, and will not bring opportunities to advance personal prosperity.

As partners in the Batavia Pathway to Prosperity (BP2), the City of Batavia, the Batavia City School District, and Genesee County forgo immediate funding to pledge investments in distressed brownfield areas.  The BP2 was created to catalyze growth in Batavia’s main corridors and foster quality of life of our neighbors. 

Far too many families continue to experience and walk past blighted brownfield properties with decaying buildings and broken windows in Upstate New York, including the Ellicott Station site. This site is not only an environmental hazard and an eyesore; it represents the delicate balance between poverty and the hope for a successful future.

The BP2 initiative was born out of the City’s Brownfield Opportunity Area (BOA) and was a major driver in attracting Savarino Companies as the developer to the Ellicott Station Brownfield.  Other economic development partners and state agencies have come to the table to assist the project, understanding the importance of getting Batavia’s first brownfield rehabilitated. 

Leveraging millions of dollars of investments to transform Ellicott Station will bring up to 60 good-paying, full-time jobs and reconnect our community along the path of the Ellicott Trail.  Cleaning up the Ellicott Station site enables a vision to add downtown apartments sought by Millennials, retirees, and the professionals connected to Rochester and Buffalo.  The project has materialized slowly and only recently when Governor Cuomo announced Batavia as a Downtown Revitalization Initiative (DRI) winner did hope rise that the necessary funding support would come together to finalize the project and construction could begin. 

Advancing the largest investment in decades in downtown Batavia gives momentum to over a dozen more local DRI projects identified as community priorities and supported by Governor Cuomo and leaders at the Department of State, Empire State Development and the Department of Housing and Community Renewal.

The BP2 partners have been working since 2016 to get this project off the ground and we cannot turn away from the challenges we have overcome and opportunities we can achieve with a project of this size and scale. 

The time has come for the community and our economic development partners including all the engaged state and local agencies to join together to resolve the final pieces necessary to move this project forward.  With the Governor’s leadership at this important moment, we will make it a reality.

Eugene Jankowski, Jr., President, Batavia City Council
Robert Bausch, Chairman, Genesee County Legislature
Patrick Burk, President, Batavia City School District Board of Education
Paul Battaglia, Chairman, Genesee County Economic Development Center
Pierluigi Cipollone, President, Batavia Development Corporation

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