Legal Opinion
Friends of Shawangunks, Inc. v. Knowlton
New York Court of Appeals
Decided March 19, 1985PublishedCited by 38 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Notwithstanding that a previously granted conservation easement proscribes erection of residences on part of the land included in a cluster zoning application, the land thus burdened may be counted in determining the number of residential units that may be erected on the unburdened acreage. A conservation easement is not an “applicable requirement” within the meaning of Town Law § 281 (b), and nothing in the Town Law or the Environmental Conservation Law forecloses the owner of the fee under land thus burdened from using it as open area required under the cluster…
2Cases cited21 opinions
- Fred F. French Investing Co. v. City of New YorkNew York Court of Appeals · 1976
- People v. GrahamNew York Court of Appeals · 1982
- Baddour v. City of Long BeachNew York Court of Appeals · 1938
- Kamhi v. Planning BoardNew York Court of Appeals · 1983
- Isenbarth v. BartnettAppellate Division of the Supreme Court of the State of New York · 1923
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Honore de St. Aubin v. FlackeNew York Court of Appeals · 1986
- Chambers v. Old Stone Hill Road AssociatesNew York Court of Appeals · 2004
- Omnipoint Communications, Inc. v. Common Council of City of PeekskillDistrict Court, S.D. New York · 2002
- Penfield Panorama Area Community, Inc. v. Town of Penfield Planning BoardAppellate Division of the Supreme Court of the State of New York · 1999
- Ford v. RifenburgAppellate Division of the Supreme Court of the State of New York · 2012
33 more not listed; retrieve them via the Exa API.