Informal Opinion No.

John M. Reed, Esq. Town Attorney, Pawling and Pleasant Valley

You state that Article 78 proceedings are frequently brought against your town challenging its determinations in cases involving special use permits, variances, subdivisions, and other zoning matters. Your question is whether the town board may provide for the affected town agency to condition approval of these permits, variances, etc. upon the agreement of the applicant to reimburse the town for its legal expenses, including attorney's fees, costs and disbursements, in the event of an Article 78 proceeding brought by neighbors or…