MATTER OF XANTHUS EQUESTRIAN CTR., INC. v. TOWN BD. OF THE TOWN OF SOUTHEAST


138 A.D.2d 721 (1988)

In the Matter of Xanthus Equestrian Center, Inc., Appellant, v. Town Board of the Town of Southeast, Respondent

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

March 28, 1988


Ordered that the judgment is affirmed, with costs.

We find that the Town Board's determination that the petitioner was in violation of the Freshwater and Wetland Protection Law of the Town of Southeast was supported by substantial evidence and cannot be said to have been arbitrary or capricious (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222).

In addition, we...

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