Heintz v. Edwards

—Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: We agree with Supreme Court that the Planning Board’s determination to deny petitioner’s request for preliminary plat approval for its proposed subdivision was arbitrary and capricious. It was not necessary for all of respondents’ environmental concerns to be finally addressed before the preliminary plat could be approved. The two-stage procedure for subdivision approval, preliminary plat approval and final plat approval, "was intended to fix the broad outlines of the…