Donald Trump’s Plan for Jones Beach Restaurant Upheld—Appellate Division Rejected State Board’s “Arbitrary and Capricious” Denial of Variance
This case involved a “hybrid proceeding” pursuant to CPLR Art. 78 “to review a determination of the Southern Region, Hudson Valley Board of Review” (Board), which denied the petitioner’s application for a variance and sought specific performance of a lease. The trial court had annulled the determination on the ground that it was arbitrary and capricious. The Appellate Division in a 3-1 decision, affirmed.
