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Denial of Site Plan Application Upheld
Matter of Empire Import-Export of USA, Inc. v. Town of East Hampton Planning Board NYLJ 9/18/20, p. 29, col. 6 AppDiv, Second Dept. (memorandum opinion)
In landowner's Article 78 proceeding challenging the planning board's denial of its site plan application, landowner appealed from Supreme Court's denial of the petition and dismissal of the proceeding. The Appellate Division affirmed, holding that the denial was not arbitrary, capricious, or an abuse of discretion.
Landowner applied to the planning board for approval of a site plan that would permit installation of a canopy at a gas station in Montauk. After conducting public hearings, the planning board denied the application, prompting this Article 78 proceeding, which Supreme Court dismissed.
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