Turnpike Woods, Inc. v. Town of Stony Point
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with *737costs, and the judgment of Supreme Court reinstated insofar as it directed the Town Clerk to issue to petitioner a certificate of approval pursuant to Town Law § 276 (4).
While towns may impose certain restrictions and conditions on the use and development of land pursuant to the appropriate legislative grant of authority (see, Town Law § 261; Municipal Home Rule Law § 10 [1] [ii] [a] [14]; Statute of Local Governments § 10 [6]), they may not exercise this grant of power in a manner inconsistent with…
2Cases cited11 opinions
- First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Bareham v. City of RochesterNew York Court of Appeals · 1927
- People v. MannNew York Court of Appeals · 1972
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3Cited by27 opinions
- Kamhi v. Town of YorktownNew York Court of Appeals · 1989
- Town of Islip v. ZalakAppellate Division of the Supreme Court of the State of New York · 1991
- Kittredge v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 2008
- In Re Appeal of RichardsSupreme Court of Vermont · 2002
- Walker v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1993
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