June 11, 2015

In Birch Tree Partners, LLC v Nature Conservancy, 122 A.D.3d 841 (2nd Dept. 2015), the Second Department held that the Supreme Court properly denied the petition and dismissed the proceeding. Petitioner had commenced a CPLR Article 78 proceeding seeking to reverse the Zoning Board of Appeals of the Town of East Hampton’s decision to grant the application of the Nature Conservancy for a natural resources special permit. The Supreme Court dismissed the petition and Petitioner appealed to the Second Department.

The Second Department affirmed the Supreme Court’s decision, with costs, holding as follows:

The determination of a local zoning board is entitled to great deference, and will be set aside only if it is illegal, arbitrary and capricious, or irrational. In this case, the Court found that the determination of the Zoning Board of Appeals of the Town of East Hampton to grant the application for a natural resources special permit was not illegal, had a rational basis, and was not arbitrary and capricious. Accordingly, the Second Department held that the Supreme Court properly denied the petition and dismissed the proceeding.

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