A New York appeals court upheld the invalidation of a scenic and conservation easement imposed by a Town as a condition to the issuance of a natural resources special permit. In annulling the condition, the Court agreed with the trial court that it was arbitrary and capricious, and the zoning board of appeals was ordered to issue the special permit without the subject condition.
Girard v. Town of East Hampton, 2009 WL 1636359 (N.Y.A.D. 2 Dept. 6/9/2009).
The opinion can be accessed at: http://www.nycourts.gov/reporter/3dseries/2009/2009_04901.htm