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MATTER OF GIRARD v. TOWN OF EAST HAMPTON, NEW YORK ZONING BOARD OF APPEALS

63 A.D.3d 835 (2009)

880 N.Y.S.2d 502

In the Matter of CHRISTINE GIRARD et al., Respondents, v. TOWN OF EAST HAMPTON, NEW YORK ZONING BOARD OF APPEALS, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided June 9, 2009.

Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court correctly concluded that the imposition of a condition on the issuance of a natural resources special permit so as to require the petitioners to grant a scenic and conservation easement to the Town of East Hampton was arbitrary and capricious (see Matter of St. Onge v Donovan, 71 N.Y.2d 507...

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