January 30, 2019

In the Matter of Yorktown Smart Growth et al v. Town of Yorktown, decided January 23, 2019, the Appellate Division, Second Department upheld the determination of the Town of Yorktown to grant a special use permit to BJ’s Wholesale Club, Inc.

The Court stated in relevant part as follows:

“Here, the determination to grant the application for a special use permit was not illegal, arbitrary and capricious, or an abuse of discretion (see Town of Yorktown Code § 300-21[C][12][b][5]; Matter of Sunrise Plaza Assoc. v Town Bd. of Town of Babylon, 250 AD2d 690, 694; Matter of Genesee Farms v Scopano, 77 AD2d 784). Accordingly, we agree with the Supreme Court’s determination denying the petition and dismissing the proceeding.”

A copy of the decision can be obtained online: http://www.courts.state.ny.us/courts/ad2/Handdowns/2019/Decisions/D57881.pdf

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