MATTER OF BERENS v. PLANNING BD. OF THE VILL. OF SANDS POINT


101 A.D.2d 838 (1984)

In the Matter of Abraham Berens et al., Appellants, v. Planning Board of the Village of Sands Point et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 14, 1984


¶ Judgment affirmed, with costs.

¶ The standard for judicial review of a determination by a village planning board is whether the determination "is illegal, in whole or in part" (Village Law, § 7-740). Upon review of the record, it is clear that the Planning Board's determination herein was not illegal but rather was based upon a reasonable interpretation of the term "high water mark", that is, the mean of all the high tides over a certain period of...

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