Legal Opinion

Albany Area Builders Ass'n v. Town of Guilderland

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1988PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Mercure, J.

On June 2, 1987 defendant, the Town of Guilderland in Albany County (hereinafter the Town), purportedly acting pursuant to its authority under Municipal Home Rule Law §§ 10 and 11, adopted a local law entitled the Transportation Impact Fee Law (hereinafter TIFL). Under this law, all applicants for building permits who seek "to make an improvement to land or change use of land which will generate additional traffic” are required to pay a transportation impact fee at the time the permit is issued (TIFL §§ 5, 7). The amount of the fee is determined by a fee…

2Cases cited28 opinions

  1. New York State Club Assn., Inc. v. City of New YorkSupreme Court of the United States · 1988
  2. Adler v. DeeganNew York Court of Appeals · 1929
  3. Consolidated Edison Co. of New York, Inc. v. Town of Red HookNew York Court of Appeals · 1983
  4. New York State Club Ass'n v. City of New YorkNew York Court of Appeals · 1987
  5. Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978

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3Cited by15 opinions

  1. Albany Area Builders Ass'n v. Town of GuilderlandNew York Court of Appeals · 1989
  2. New York Telephone Co. v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1994
  3. Coconato v. Town of EsopusAppellate Division of the Supreme Court of the State of New York · 1989
  4. Phillips v. Town of Clifton Park Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
  5. Walton v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 2008

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