Legal Opinion

Kirquel Development, Ltd. v. Planning Board

Appellate Division of the Supreme Court of the State of New York

Decided June 6, 2012Published

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Town of Cortlandt dated November 3, 2010, adopting a findings statement pursuant to the State Environmental Quality Review Act (ECL art 8) and granting preliminary plat approval for a subdivision of only 16 lots, subject to certain conditions, the petitioner appeals from so much of a judgment of the Supreme Court, Westchester County (Cacace, J.), entered May 20, 2011, as granted the petition only to the extent of annulling conditions 5, 6, 13, 14, 15, 21, and 22, and the Planning Board of the…

2Cases cited16 opinions

  1. Jackson v. New York State Urban Development Corp.New York Court of Appeals · 1986
  2. Riverkeeper, Inc. v. Planning BoardNew York Court of Appeals · 2007
  3. WEOK Broadcasting Corp. v. Planning BoardNew York Court of Appeals · 1992
  4. Bayswater Realty & Capital Corp. v. Planning BoardNew York Court of Appeals · 1990
  5. Aspen Creek Estates, Ltd. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2007

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