Collard v. Incorp. Village of Flower Hill
Court of Appeals of New York
421 N.E.2d 818 (N.Y. 1981)
Collard (plaintiff) owns property in the Village of Flower Hill (Village) (defendant). In 1976, previous owners of the property asked the Village to rezone it so that it could be used for business purposes. The Village agreed, on the condition that the owners execute a covenant that there would be no construction of new buildings on the property without the Village’s consent. There was no provision that consent would not be unreasonably withheld. The owners executed the covenant, and the Village rezoned the property. Collard acquired the property in 1978, and asked the Village to approve an enlargement of the structures on the property. The Village refused, and gave no reason for doing so. Collard brought suit against the Village, claiming that its refusal was arbitrary, unreasonable, and unconstitutional. He sought an order directing the Village to permit new construction. The lower courts dismissed Collard’s claim, and he appealed to the state supreme court.
Rule of Law
Holding and Reasoning
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