Jenad, Inc. v. Village of Scarsdale

In this action plaintiff seeks to recover back money voluntarily paid to the Village of Scarsdale pursuant to an alleged illegal provision of the Village Code, adopted pursuant to section 179-1 of the Village Law and to declare such provision null and void. Under such provision or regulation plaintiff, a builder and developer, was required, as a condition to obtaining the Planning Commission’s approval of its proposed plan for the development of land, to pay to the village a cash deposit of $250 for each lot in the subdivision in lieu of land reservation for park, playground and recreational…