NY Appeals Court Finds Alleged Conflict of Interest of Board Member Enough to Deny Town’s Motion to Dismiss

Plaintiff, Eastern Oaks Development, brought action against the Town of Clinton following the Town Board’s denial of the plaintiff’s application for a road to be accepted for dedication. The Town filed a motion to dismiss the petition which was denied by the trial court and the appeals court affirmed.

The petition alleged that someone advised a member of their company that the determination to refuse the application had been determined prior to the vote, that a member of the Town Board, Budd, had a dispute with the plaintiff and, although he had recused himself, he had nonetheless influenced the Town Board to refuse the permit, among other instances that supported a conflict of interests claim.

Since conflicts of interest require a “case-by-case examination of the relevant facts and circumstances,”   the court determined the allegations in the permit were sufficient to set aside the determination of the Town Board.  Thus the motion to dismiss was properly denied.

Eastern Oaks Development v. Town of Clinton, 906 N.Y.S.2d 611 (A. D. 2 Dep’t 2010),

The opinion can be accessed at:  http://www.courts.state.ny.us/courts/ad2/calendar/webcal/decisions/2010/D28299.pdf.