Legal Opinion
East Neck Estates, Ltd. v. Luchsinger
New York Supreme Court
Decided November 3, 1969PublishedCited by 7 opinions
1Opinion of the CourtGeorge F. X. MoInerkey, J.
This is an article 78 proceeding challenging the power of the Planning Board to require the dedication of a certain strip of shore front to the town as a condition for the approval of a proposed residential subdivision.
Edward J. Hoffritz, by Gainsburg, Gottlieb, Levitan & Cole, Esqs., appeared with the permission of the court amicus curiae.
The subdivision in issue is a rectangular tract of about 23 acres, being approximately 557 feet on Long Island Sound and running southerly about 2,000 feet. Thirty building plots are contemplated.
The elevation of the tract is over a hundred feet except for…
2Cases cited1 opinion
- Gulest Associates, Inc. v. Town of NewburghNew York Supreme Court · 1960
3Cited by7 opinions
- Kamhi v. Planning BoardNew York Court of Appeals · 1983
- Patenaude v. Town of MeredithSupreme Court of New Hampshire · 1978
- McKain v. Toledo City Plan CommissionOhio Court of Appeals · 1971
- Holmes v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1980
- Kamhi v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
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