DSB obtained an order granting summary judgment and declaratory relief in favor of a Long Island town on a land use issue. A property owner challenged whether agricultural labor housing was prohibited under the terms of a conservation easement that had been granted in favor of the Town in connection with subdividing a parcel many years ago. The easement prohibited residential structures, but the property owner argued that agricultural labor housing, as part of farm operations and in light of various state and local laws and policies intended to preserve and promote farming, should be considered an agricultural rather than residential structure. After reviewing the language of the specific easement at issue and applicable law, the Court agreed with the Town that, even if accessory to an agricultural use, agricultural labor housing would be a residential structure prohibited by the easement.
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