Loughlin v. Town of Thompson Planning Board

In 1991, a 19-lot subdivision was approved by respondent Town of Thompson Planning Board. As a condition of approval, the Board directed that any further subdivision of the lots was subject to its approval. Specifically, in considering any future subdivision application, the Board was to “consider the resubdivision potential of all lots in the subdivision.”

*1335Between 1991 and 2004, eight single-family homes were built on lots 4 through 16 of the subdivision. In January 2004, respondent Cherry Valley Builders, Inc., owner of lot 19, submitted an application to the Board to resubdivide its roughly…