City of Montgomery v. Crossroads Land Co., Inc.

Plaintiffs, present and future subdivision developers in Montgomery, brought this action for declaratory and injunctive relief to prevent enforcement of Section 4-E of the Subdivision Regulations of the City,1 which requires a subdivider to dedicate .018 acres per dwelling unit, or, where such dedication is deemed impracticable by the Planning Commission, to donate a sum equal to the fair market value of the land that would otherwise be dedicated. The fees received in lieu of such dedication are "placed in special fund to be used only for the acquisition of land for parks and/or recreation in…