Weingarten v. Town of Lewisboro

OPINION OF THE COURT

Harold L. Wood, J.

This is an action for declaratory judgment wherein the plaintiffs, landowners-developers of real property in the Town of Lewisboro, have challenged the constitutionality of section 277 (1) of the Town Law and section 44.15 of the Town of Lewisboro Land Development Regulations. The statute and regulation authorize the Planning Board of the town to require payment of money in lieu of reservation of park land as *852a condition of approving a subdivision plat, the amount of which is determined by the Town Board of Trustees. On June 10, 1986 the Lewisboro Town…