Kamhi v. Planning Board
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Rubin, J.
This case squarely presents the issue of how far a town planning board may go in imposing conditions on approval of cluster subdivision plats pursuant to section 281 of the Town Law.1 Specifically, the question presented is whether a town planning board has the legal authority under *112section 281 to condition approval of a subdivision plat on the mandated dedication of open space to the town. Though Special Term answered this in the negative, we find ample authority under section 281 of the Town Law for such condition.
THE FACTS
The subject property, owned by…
2Cases cited21 opinions
- Spears v. BerleNew York Court of Appeals · 1979
- Jordan v. Village of Menomonee FallsWisconsin Supreme Court · 1965
- Jenad, Inc. v. Village of ScarsdaleNew York Court of Appeals · 1966
- Salamar Builders Corp. v. TuttleNew York Court of Appeals · 1971
- Nemeroff Realty Corp. v. KerrAppellate Division of the Supreme Court of the State of New York · 1972
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3Cited by6 opinions
- Friends of Shawangunks, Inc. v. KnowltonNew York Court of Appeals · 1985
- Bayswater Realty & Capital Corp. v. Planning BoardNew York Court of Appeals · 1990
- People v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2021
- Kanaley v. BrennanNew York Supreme Court · 1983
- Bayswater Realty & Capital Corp. v. Planning Board of LewisboroAppellate Division of the Supreme Court of the State of New York · 1989
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