Matter of Delgrosso v. Cole

Summary

The Appellate Division, Second Department, affirmed the denial of a petition challenging a building inspector's refusal to permit construction of a chain-link fence near a rural road. The court held that the determination had a rational basis because the proposed fence would be located within the Town of Red Hook's right of way and violated applicable town code and Highway Law provisions. The court rejected the petitioners' argument that the town's permissible road uses were limited to the traveled way marked by a white line.

Holdings

1. The Building Inspector's determination had a rational basis and was not arbitrary and capricious or an abuse of discretion; the Supreme Court properly denied annulment of the determination and dismissed that portion of the proceeding and action.
2. The Town's permissible uses of the road, including maintenance and plowing, were not limited to the traveled way delineated by the white line.

Questions Presented

1. Whether the Building Inspector's denial of the fence permit application was arbitrary and capricious, an abuse of discretion, affected by an error of law, or made in violation of lawful procedure.
2. Whether the Town's right-of-way and permissible road uses extended beyond the road's traveled way as delineated by the painted white line.

Disposition

affirmed