As the result of several administrative hearings and two article 78 proceedings, the respondent board approved the Planned Unit Development proposed by petitioners, but imposed four conditions on the approval. Petitioners challenged two of the conditions and Special Term concluded that one of the conditions was not arbitrary and capricious, but that "no justification has been shown" for Condition No. 3. The order entered thereon declared Condition No. 1 not arbitrary and...
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