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McCormick v. Lawrence

Citation: 6 ELR 20795
No. No. 27853, 387 N.Y.S.2d 919, (N.Y. App. Div., 10/28/1976) Aff'd

The court affirms a trial court's dismissal of a landowner's petition challenging the Adirondack Park Agency's refusal to permit construction of shoreside boathouses on lots within a proposed subdivision. The lower court correctly concluded that there was no triable issue of fact concerning the general lack of development and pristine nature of the surrounding area. The legislature granted the Agency authority to impose conditions such as banning boathouses on permits for private development within the Adirondack Park; preservation of the aesthetic quality of an area is a permissible exercise of the police power in New York. Moreover, the legislature has provided sufficient standards to guide the Agency in its review of proposed developments, and there has thus been no unconstitutional delegation of power to the Agency. Nor was the restriction against boathouses arbitrary or capricious because such a restriction is a rational method of protecting the aesthetic quality of the area. For the lower court's decision, see 5 ELR 20650.

Counsel for Petitioners-Appellants
John T. De Graff
McCormick, La Pan, Urfirer & Brooks
56 Main St.
Saranac Lake NY 12983
(518) 891-4660

Counsel For Respondents-Appellees
Louis J. Lefkowitz, Attorney General
Olin Harper Le Compte
Ruth Kessler Toch
The Capitol
Albany NY 12224
(518) 474-4818

Sweeney, J.; Koreman, P.J., Greenblott, Mahoney & Reynolds, JJ. concur.