Legal Opinion
Kamhi v. Town of Yorktown
New York Court of Appeals
Decided October 26, 1989PublishedCited by 94 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
At issue on this appeal is the validity of a local law of the Town of Yorktown conditioning site plan approval for a multifamily residential development on the provision of parkland or its money equivalent. We conclude that while in substance the Town may exercise its supersession authority to adopt such a law, in form the enactment before us was properly declared invalid.
The subject property is a 43-acre parcel in Yorktown’s zone R-3, which permits multifamily residential use of up to 12 units per acre. Plaintiff, the property owner, planned a condominium…
2Cases cited27 opinions
- Adler v. DeeganNew York Court of Appeals · 1929
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- Golden v. Planning Board of RamapoNew York Court of Appeals · 1972
- Jancyn Manufacturing Corp. v. County of SuffolkNew York Court of Appeals · 1987
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
22 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
- DJL Restaurant Corp. v. City of New YorkNew York Court of Appeals · 2001
- Walker v. Town of HempsteadNew York Court of Appeals · 1994
- Cohen v. Board of AppealsNew York Court of Appeals · 2003
- City of New York v. StateNew York Court of Appeals · 2000
89 more not listed; retrieve them via the Exa API.