Collard v. Incorporated Village Of Flower Hill

52 N.Y.2d 594, 421 N.E.2d 818, 439 N.Y.S.2d 326 (1981)

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Nature of the Case

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Facts

Collard (P) bought property that was subject to a restrictive covenant that stated that no structures on the property could be altered unless the alterations had been approved by the Village of Flower Hill (D). P applied for approval to enlarge existing structures on the property. D denied approval giving no explanation. P wanted judicial review of the decision, claiming that the decision by D was arbitrary, capricious, and unreasonable. The trial court ruled for P, holding that D had not acted in good faith. The appellate court reversed the decision. P appealed.