An appellate court upheld a determination of the Town Board denying the developer’s application to close a road in the Town in connection with a residential development. Although the developer argued that the road was “useless” which would allow the Town to close the road pursuant to State Highway Law section 171, the Court found that the Board’s decision was rational and not arbitrary and capricious, since the subject road is still in active use.
East Fishkill Home & Land v. Town of East Fishkill. 54 A.D.3d 950, 864 N.Y.S.2d 524 (2 Dept. 9/23/2008).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2008/2008_07127.htm
