Collard v. Incorporated Village of Flower Hill

OPINION OF THE COURT

Jones, J.

Where a local municipality conditions an amendment of its zoning ordinance on the execution of a declaration of covenants providing, in part, that no construction may occur on the property so rezoned without the consent of the municipality, absent a provision that such consent may not be unreasonably withheld the municipality may not be com-*597polled to issue such consent or give an acceptable reason for failing to do so.

Appellants now own improved property in the Village of Flower Hill. In 1976, the then owners of the subject premises and appellants’ predecessors…