An appeals court held that the petitioner failed to meet its burden of demonstrating that the county legislature’s administrative determination denying its application for the inclusion of its property in an agricultural district. The Court found that the legislature’s decision was rational based on its expressed concerns regarding adverse impacts on the town and upon neighboring properties. Specifically, the court noted that the petitioner’s projected increase in the number of hogs kept on subject property would contravene local zoning and create a potential health hazard.
Deerpark Farms, LLC v Agricultural and Farmland Protection Board of Orange County, 70 A.D.3d 1037, 896 N.Y.S.2d 126 (2 Dept. 2/23/2010).
The opinion can be accessed at: http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D26257.pdf
