Legal Opinion
Bayswater Realty & Capital Corp. v. Planning Board
New York Court of Appeals
Decided July 10, 1990PublishedCited by 26 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jk., J.
Must a Town Planning Board in approving a cluster subdivision plat accept the open spaces created by the clustering process in satisfaction of its requirement that the developer either provide recreational land or pay a fee in lieu thereof? We hold that the Planning Board’s authority is not so limited and that — provided it makes the determinations called for by Town Law § 277 (1) to the effect that additional recreational land is, in fact, needed in the town and that such need will not be met by open lands created within the plat itself— the Board may…
2Cases cited9 opinions
- Kamhi v. Town of YorktownNew York Court of Appeals · 1989
- Jenad, Inc. v. Village of ScarsdaleNew York Court of Appeals · 1966
- Riegert Apartments Corp. v. Planning BoardNew York Court of Appeals · 1982
- Kamhi v. Planning BoardNew York Court of Appeals · 1983
- Kamhi v. Planning BoardAppellate Division of the Supreme Court of the State of New York · 1982
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Twin Lakes Development Corp. v. Town of MonroeNew York Court of Appeals · 2003
- Penfield Panorama Area Community, Inc. v. Town of Penfield Planning BoardAppellate Division of the Supreme Court of the State of New York · 1999
- City of Annapolis v. WatermanCourt of Appeals of Maryland · 2000
- Parker v. Town of Gardiner Planning BoardAppellate Division of the Supreme Court of the State of New York · 1992
- Davies Farm, LLC v. Planning Board of ClarkstownAppellate Division of the Supreme Court of the State of New York · 2008
21 more not listed; retrieve them via the Exa API.