Little Pond Hill, Inc. v. Mendel

Little Pond Hill, Inc., petitioner, brings this article 78 proceeding to set aside respondents’ determination withdrawing its prior approval of petitioner’s site plan for garden-style apartments for failure to post a performance bond in the amount of $525,000.

On November 9,1972, the respondent Planning Board granted site plan approval to petitioner’s site plan subject only to posting of a performance bond as required under section 280.5 of the Zoning Ordinance of the Town of Patterson (hereinafter referred to as Zoning Ordinance). That section reads as follows: “ The Planning Board, in…