Legal Opinion

Albany Area Builders Ass'n v. Town of Clifton Park

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

Decided December 5, 1991PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Harvey, J.

On June 19, 1989, respondent Town of Clifton Park enacted Local Laws, 1989, No. 12 (hereinafter the Phased Growth Law), which basically limits the number of yearly building permits that can be issued in a designated development area to 20% of the total units approved for any given project. The subject development area encompasses roughly 10% of the Town’s total area and is located near exit 8 of the Northway. The Phased Growth Law is valid until exit 8A is completed but not longer than five years. The law’s stated purpose is to alleviate the congested traffic…

2Cases cited14 opinions

  1. Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
  2. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
  3. Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
  4. Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
  5. Maurizzio v. Lumbermens Mutual Casualty Co.New York Court of Appeals · 1989

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3Cited by6 opinions

  1. Home Depot, U.S.A. v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2009
  2. Turkewitz v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2005
  3. Matter of Hudson River Sloop Clearwater, Inc. v. Town Board of the Town of CoeymansAppellate Division of the Supreme Court of the State of New York · 2016
  4. In re Your Place, LLCAppellate Division of the Supreme Court of the State of New York · 2014
  5. In re Your Place, LLCAppellate Division of the Supreme Court of the State of New York · 2014

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