Landing Estates, Inc. v. Jones

Petition pursuant to CPLR article 78 for an order for the issuance of a certificate pursuant to section 276 (subd. 4) of the Town Law and annulling and setting aside the determination of the respondent is denied, and respondents’ cross motion to disimss the petition is granted.

Petitioner owns approximately 35 acres at Hampton Bays, New York. As a condition to approving the plat the planning board required the dedication to the town of a 15-foot strip thus precluding any further subdivision of the remaining 27 *355acres and confining the petitioner to developing 7% acres of the tract.

On June…