Opinion

Herzog v. Planning Board

  • 281 A.D.2d 419
  • 721 N.Y.S.2d 272
  • 2001 N.Y. App. Div. LEXIS 2118
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Mar 5, 2001
Status
Published
Cited by
1 cases
Authority
More cited than 65.8%

The opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Planning Board of East Hampton dated October 14, 1998, granting the intervenors’ application for a special use permit to operate a horse farm, the petitioners appeal from a judgment of the Supreme Court, Suffolk County (Henry, J.), dated September 27, 1999, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with one bill of costs payable to the respondent and the intervenor-respondents.

The determination of the Planning Board of East Hampton (hereinafter the Planning Board) was not arbitrary or capricious and is supported by substantial evidence (see, Matter of Khan v Zoning Bd. of Appeals, 87 NY2d 344 ; Matter of Cowan v Kern, 41 NY2d 591 ). In particular, we find no basis to disturb the Planning Board’s findings that the proposed horse farm, with the conditions imposed, is a permissible use within the meaning of the agricultural easement that burdens the property, and would not violate any relevant provision of the Code of the Town of East Hampton or the New York Agriculture and Markets Law.

The petitioners’ remaining contentions are without merit. Friedmann, J. P., Florio, Luciano and Feuerstein, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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