In re: Willowell Foundation Conditional Use Certificate of Occupancy (Andrew Higbee, Jr. and Sheryl Knauth) 2014-369

MSK represented a municipality in Environmental Division and Supreme Court appeals that upheld the municipal panel’s conditional use and site plan approvals for the construction of a community center and related improvements, with a change in approval conditions. Notably, the Supreme Court affirmed the Environmental Division’s conclusion that certain two-word phrases noted on the applicable subdivision plat, “Agricultural Reserve” and “Building Envelope,” were not enforceable conditions on development with which the landowner was required to comply, because no party could locate any document defining the meaning of those phrases or establishing that the phrases were meant to be enforceable conditions.