where undesirable uses as of right. permitted use and
develop, and it
that it can both regulate
provide for permitted
generalized opens the scenario, standards for obtaining a conditional door to favoritism and discrimination. a town, pursuant to the ordinance, may
use permit Under this arbitrarily
preclude any activity on the land in question because (1) there are no permitted uses as a matter of right; and (2) if obtaining a conditional use permit is completely within the discretion of a town, judicial review of a denial is significantly limited
because of standards. acceptable,
the As towns
non-specific nature a result, if such could preclude all
of the conditional use an ordinance was deemed uses at will and in a
manner that virtually precludes any meaningful judicial review.
Such a determination could open the uses exist as of right, the impact is significantly decreased because
door to abuse.
denying conditional uses landowner has permitted
as of right.
This ordinance is not in balance with the rights of Because the landowners have demonstrated beyond a
reasonable doubt that for any uses as of District is arbitrary
the ordinance at issue does right, and this restriction and unreasonable in the sense
bear a substantial relation to public health,