Hudson View Park Co. v. Town of Fishkill

Summary

The Court held that the memorandum of understanding was invalid and unenforceable because it impermissibly bound future Town Boards in the exercise of their legislative zoning authority. The MOU required successor boards to continue reviewing the project, reach a merits determination, and rely only on specified factual considerations, thereby restricting successors' discretion. The Court dismissed the appeal as of right for lack of a directly involved substantial constitutional question, granted leave to appeal on its own motion, and affirmed dismissal of the complaint.