MATTER OF CENTENNIAL HILL P'SHIP v. TOWN OF WARWICK PLANNING BD.


221 A.D.2d 529 (1995)

634 N.Y.S.2d 395

In the Matter of Centennial Hill Partnership, Respondent, v. Town of Warwick Planning Board, Appellant

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

November 20, 1995


Ordered that the judgment is reversed insofar as appealed from, with costs, the determination is confirmed, and the proceeding is dismissed on the merits.

The reasons given by the respondent Town of Warwick Planning Board (hereinafter the Planning Board) for denying the petitioner's application for preliminary subdivision plat approval are not arbitrary and capricious, and they have a rational basis in the record. Accordingly, the Supreme Court erred by granting the...

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