In Saint James Antiochian Orthodox Church v. Town of Hyde Park Planning Board, 17 NYS 3d 481 (2nd Dept. 2015), the New York State Appellate Division, Second Department, affirmed the lower court’s denial of the Church’s Article 78 Petition. The Court found that the determination of the Town of Hyde Park Planning Board issuing site plan approval had a rational basis, and was not illegal, arbitrary and capricious, or an abuse of discretion. Furthermore, the Court found that the Planning Board rationally determined that the requirements for the issuance of the special use permit were met. Based on the foregoing, the Court found that the Supreme Court properly denied the petition and dismissed the proceeding.
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