In the Matter of Girard v. Town of East Hampton
About This Legal Opinion
The appellate court affirmed in a very brief opinion, holding that the Town's zoning requirement of a conservation easement was arbitrary and capricious.
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Grogan v. Zoning Board of Appeals of the Town of East
A zoning decisions required granting a conservation easement. Landowner sued claiming unjust taking. Court held for town.
Wooster v. Department of Fish and Game
The appellate court affirmed the trial court in holding that the posting requirement was a covenant, and not a condition subsequent, of the easement, and therefore the failure to comply with this requirement was not grounds for rescission.
Twp. of Bethlehem v. State of New Jersey
A Town applicant for funding filed suit against the state funder claiming its denial was arbitrary, capricious, unreasonable and that the approval rose to the level of equitable estoppel. The appellate court pointed to the 'plain language of the statute' in affirming the denial of the application.
Town of Oyster Bay v. Doremus
The Appellate Court reversed, holding that there was no contract to convey the conservation easement, therefore the Town could not be a third party beneficiary.
Goldmuntz v. Town of Chilmark
The appellate court affirmed the lower court's ruling that the construction of the swimming pool would be in violation of the conservation easement.
Johann v. Town of East Hampton
Citizens filed suit to block a land sale claiming that the Town had expressly or impliedly dedicated the property as a park, which could not be sold without approval of the state legislature. The court held that even if special injury had not been established, plaintiffs would have standing.
Collings v. Planning Board of Stow
The appellate court reversed, holding that the requirement to offer the land to the conservation commission and a land trust was a violation of the statute, and that the waiver itself was not just compensation.
Bleier v. Board of Trustees of Village of East Hampton
This is a standing case where the court denied neighbor standing to enforce a conservation easement.
W.O.R.C. Realty Corp. v. Town of Islip
The appellate court reversed the trial court on the collateral estoppel issue, finding that the earlier property tax action did not address the issue of the validity of the easement. However, the appellate court went on to rule for the town based on the statute of limitations defense.
McCulloch v. Town of Milan
To date, this is the only reported case in which a landowner has claimed racial discrimination as a version of selective enforcement in a conservation easement violations context. The trial court granted summary judgment in favor of the Town.