McEnroe v. Planning Board

This petition under article 78 of the CPLR is granted.

In this proceeding the petitioners, who are the owners of tracts of residential land in the Town of Clinton, Dutchess County, ranging in size from 15 to 100 acres, sue the Planning Board and a real estate developer to annul the approval of a, subdivision plot plan which contains lots, all but one of which are substandard under the newly enacted Zoning Ordinance.

The respondent Kahn acquired a parcel of land containing about 55 acres in the Town of Clinton in July, 1967. At that time, the town had a Planning Board, which had been empowered…